177 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Navajo Nation, on behalf of the Nav-
ajo Nation and the Members of the Navajo Nation 
(but not Members in the capacity of the Members as 
Navajo Allottees), and the United States, acting as 
trustee for the Navajo Nation and the Members of 
the Navajo Nation (but not Members in the capacity 
of the Members as Navajo Allottees), as part of the 
performance of the respective obligations of the Nav-
ajo Nation and the United States under the Settle-
ment Agreement and this Act, are authorized to exe-
cute a waiver and release of all claims against the 
State (or any agency or political subdivision of the 
State), the Hopi Tribe, the Hopi Allottees, the San 
Juan Southern Paiute Tribe, and any other indi-
vidual, entity, corporation, or municipal corporation 
under Federal, State, or other law for all of the fol-
lowing: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Navajo Land, arising from 
time immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
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178 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Navajo Nation, the predecessors of the 
Navajo Nation, the Members of the Navajo Na-
tion, or predecessors of the Members of the 
Navajo Nation. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Navajo Land, arising 
from time immemorial through the Enforce-
ability Date. 
(D) Past, present, and future claims for 
Injury to Water for Navajo Land, arising from 
time immemorial and, thereafter, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the Navajo Nation, the 
predecessors of the Navajo Nation, the Mem-
bers of the Navajo Nation, or predecessors of 
the Members of the Navajo Nation. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
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179 
Water, arising after the Enforceability Date, 
for Navajo Land, resulting from the diversion 
or Use of water outside of Navajo Land in a 
manner not in violation of the Settlement 
Agreement or State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.1 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.1 to the Settlement Agree-
ment, the Navajo Nation, acting on behalf of the 
Navajo Nation and the Members of the Navajo Na-
tion (but not Members in the capacity of the Mem-
bers as Navajo Allottees), and the United States, 
acting as trustee for the Navajo Nation and the 
Members of the Navajo Nation (but not Members in 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
180 
the capacity of the Members as Navajo Allottees), 
shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the Settlement Agreement, wheth-
er those rights are generally stated or specifi-
cally described, or this Act, in any Federal or 
State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the LCR Decree and the Gila 
River Adjudication Decree; 
(C) to assert claims for Water Rights, for 
land owned or acquired by the Navajo Nation 
in fee, or held in trust by the United States for 
the Navajo Nation, in the LCR Watershed pur-
suant to subparagraphs 4.11 and 4.12, of the 
Settlement Agreement, or in the Gila River 
Basin pursuant to subparagraphs 4.14 and 
4.15 of the Settlement Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; or 
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181 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe. 
(b) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE UNITED STATES, ACTING 
AS TRUSTEE FOR THE NAVAJO ALLOTTEES AGAINST THE 
STATE AND OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, acting as trustee for 
the Navajo Allottees, as part of the performance of 
the obligations of the United States under the Set-
tlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the 
State (or any agency or political subdivision of the 
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ssavage on LAPJG3WLY3PROD with BILLS
182 
State), the Navajo Nation, the Hopi Tribe, the Hopi 
Allottees, and the San Juan Southern Paiute Tribe, 
and any other individual, entity, corporation, or mu-
nicipal corporation under Federal, State, or other 
law, for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Navajo Allotments, arising 
from time immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Navajo Allottees or predecessors of the 
Navajo Allottees. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Navajo Allotments, aris-
ing from time immemorial through the Enforce-
ability Date. 
(D) Past, present, and future claims for 
Injury to Water for Navajo Allotments, arising 
from time immemorial and, thereafter, forever. 
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ssavage on LAPJG3WLY3PROD with BILLS
183 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by Navajo Allottees or prede-
cessors of the Navajo Allottees. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for the Navajo Allotments, resulting from the 
diversion or Use of water outside of Navajo Al-
lotments in a manner not in violation of the 
Settlement Agreement or State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.2 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
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184 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States, acting as trustee for 
the Navajo Allottees, shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Allottees under the Settlement Agreement, 
whether those rights are generally stated or 
specifically described, or this Act, in any Fed-
eral or State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Allottees under the LCR Decree; 
(C) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, the San 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Navajo 
Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe; and 
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ssavage on LAPJG3WLY3PROD with BILLS
185 
(D) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, the San 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Navajo 
Nation, the Hopi Tribe, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe. 
(c) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE NAVAJO NATION, ON BE-
HALF OF THE NAVAJO NATION AND THE MEMBERS OF 
THE NAVAJO NATION (BUT NOT MEMBERS IN THE CA-
PACITY
OF
THE MEMBERS
AS NAVAJO ALLOTTEES), 
AGAINST THE UNITED STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Navajo Nation, acting on behalf of 
the Navajo Nation and the Members of the Navajo 
Nation (but not Members in the capacity of the 
Members as Navajo Allottees), as part of the per-
formance of the obligations of the Navajo Nation 
under the Settlement Agreement and this Act, is au-
VerDate Sep 11 2014 
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186 
thorized to execute a waiver and release of all claims 
against the United States, including agencies, offi-
cials, and employees of the United States, under 
Federal, State, or other law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Navajo Land arising from 
time immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Navajo Nation, the predecessors of the 
Navajo Nation, the Members of the Navajo Na-
tion, or predecessors of the Members of the 
Navajo Nation. 
(C) Claims for Water Rights within the 
State that the United States, acting as trustee 
for the Navajo Nation and Navajo Allottees, as-
serted or could have asserted in any proceeding, 
except to the extent that such rights are recog-
nized as part of the Navajo Nation’s Water 
Rights under this Act. 
VerDate Sep 11 2014 
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187 
(D) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Navajo Land, arising 
from time immemorial through the Enforce-
ability Date. 
(E) Past, present, and future claims for 
Injury to Water for Navajo Land, arising from 
time immemorial and, thereafter, forever. 
(F) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the Navajo Nation, the 
predecessors of the Navajo Nation, the Mem-
bers of the Navajo Nation, or predecessors of 
the Members of the Navajo Nation. 
(G) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date for 
Navajo Land, resulting from the diversion or 
Use of water outside of Navajo Land in a man-
ner not in violation of the Settlement Agree-
ment or State law. 
VerDate Sep 11 2014 
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188 
(H) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(I) Past, present, and future claims arising 
out of, or relating in any manner to, United 
States Geological Survey monitoring and re-
porting activities described in paragraph 7.0 of 
the Settlement Agreement. 
(J) Past, present, and future claims aris-
ing from time immemorial and, thereafter, for-
ever, relating in any manner to Injury to Water 
or Injury to Water Rights based on the provi-
sions of paragraphs 8.0 and 9.0 of the Settle-
ment Agreement. 
(K) Past and present claims for foregone 
benefits from non-Navajo Use of water, on and 
off Navajo Land (including water from all 
sources and for all Uses), within the State aris-
ing before the Enforceability Date. 
(L) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to loss of water or Water Rights, including 
VerDate Sep 11 2014 
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189 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
water or Water Rights, claims relating to inter-
ference with, diversion of, or taking of water, or 
claims relating to a failure to protect, acquire, 
replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising 
before the Enforceability Date. 
(M) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide for operation, maintenance, or deferred 
maintenance for any irrigation system or irriga-
tion project on Navajo Land. 
(N) Past and present claims arising before 
the Enforceability Date from a failure to estab-
lish or provide a municipal, rural, or industrial 
water delivery system on Navajo Land. 
(O) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to construction, operation, and management of 
irrigation projects on Navajo Land, including 
damages, losses, or injuries to fish habitat, 
wildlife, and wildlife habitat, within the State 
arising before the Enforceability Date. 
VerDate Sep 11 2014 
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190 
(P) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide a dam safety improvement to a dam on 
Navajo Land within the State. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.3 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.3 to the Settlement Agree-
ment, the Navajo Nation and the Members of the 
Navajo Nation (but not Members in the capacity of 
the Members as Allottees) shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the Settlement Agreement, wheth-
er those rights are generally stated or specifi-
cally described, or this Act, in any Federal or 
State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Navajo 
Nation under the LCR Decree and the Gila 
River Adjudication Decree; 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
191 
(C) to assert claims for Water Rights for 
land owned or acquired by the Navajo Nation 
in fee in the LCR Watershed pursuant to sub-
paragraphs 4.11 and 4.12 of the Settlement 
Agreement, or in the Gila River Basin pursuant 
to subparagraphs 4.14 and 4.15 of the Settle-
ment Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe. 
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
192 
(d) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS BY THE UNITED STATES IN ALL CAPACITIES 
(EXCEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER 
THAN THE NAVAJO NATION, THE HOPI TRIBE, AND THE 
SAN JUAN SOUTHERN PAIUTE TRIBE) AGAINST
THE 
NAVAJO NATION AND THE MEMBERS OF THE NAVAJO 
NATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the 
Settlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the 
Navajo Nation, the Members of the Navajo Nation, 
or any agency, official, or employee of the Navajo 
Nation, under Federal, State, or any other law for 
all of the following: 
(A) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, resulting from the diversion 
or Use of water on Navajo Land, arising from 
time immemorial through the Enforceability 
Date. 
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193 
(B) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, re-
sulting from the diversion or Use of water on 
Navajo Land in a manner that is not in viola-
tion of this Agreement or State law. 
(C) Past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.4 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.4 to the Settlement Agree-
ment, the United States shall retain any right to as-
sert any claim not expressly waived in accordance 
with that paragraph and that Exhibit, in any Fed-
eral or State court of competent jurisdiction. 
VerDate Sep 11 2014 
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194 
(e) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE HOPI TRIBE, ON BEHALF 
OF THE HOPI TRIBE AND THE MEMBERS OF THE HOPI 
TRIBE (BUT NOT MEMBERS IN THE CAPACITY OF THE 
MEMBERS
AS HOPI ALLOTTEES), AND
THE UNITED 
STATES, ACTING AS TRUSTEE FOR THE HOPI TRIBE AND 
THE MEMBERS OF THE HOPI TRIBE (BUT NOT MEMBERS 
IN
THE
CAPACITY
OF
THE
MEMBERS
AS
HOPI 
ALLOTTEES) AGAINST THE STATE AND OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Hopi Tribe, on behalf of the Hopi 
Tribe and the Members of the Hopi Tribe (but not 
Members in the capacity of the Members as Hopi 
Allottees), and the United States, acting as trustee 
for the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Mem-
bers as Hopi Allottees), as part of the performance 
of the respective obligations of the Hopi Tribe and 
the United States under the Settlement Agreement 
and this Act, are authorized to execute a waiver and 
release of all claims against the State (or any agency 
or political subdivision of the State), the Navajo Na-
tion, the Navajo Allottees, the San Juan Southern 
Paiute Tribe, and any other individual, entity, cor-
VerDate Sep 11 2014 
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ssavage on LAPJG3WLY3PROD with BILLS
195 
poration, or municipal corporation under Federal, 
State, or other law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Hopi Land, arising from time 
immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Hopi Tribe, the predecessors of the Hopi 
Tribe, the Members of the Hopi Tribe, or pred-
ecessors of the Members of the Hopi Tribe. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Hopi Land, arising from 
time immemorial through the Enforceability 
Date. 
(D) Past, present, and future claims for 
Injury to Water for Hopi Land, arising from 
time immemorial and, thereafter, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
VerDate Sep 11 2014 
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196 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the Hopi Tribe, the prede-
cessors of the Hopi Tribe, the Members of the 
Hopi Tribe, or predecessors of the Members of 
the Hopi Tribe. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for Hopi Land, resulting from the diversion or 
Use of water outside of Hopi Land in a manner 
not in violation of the Settlement Agreement or 
State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.6 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
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197 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.6 to the Settlement Agree-
ment, the Hopi Tribe, acting on behalf of the Hopi 
Tribe and the Members of the Hopi Tribe (but not 
Members in the capacity of the Members as Hopi 
Allottees), and the United States, acting as trustee 
for the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Mem-
bers as Hopi Allottees), shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the Settlement Agreement, whether 
those rights are generally stated or specifically 
described, or this Act, in any Federal or State 
court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the Hopi Tribe in 
fee, or held in trust by the United States for 
the Hopi Tribe, in the LCR Watershed pursu-
ant to subparagraphs 5.10 and 5.11 of the Set-
tlement Agreement; 
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198 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Navajo 
Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Navajo Nation, the San Juan Southern 
Paiute Tribe, and the Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Navajo 
Nation, the San Juan Southern Paiute 
Tribe, and the Zuni Tribe. 
(f) WAIVERS, RELEASES AND RETENTION OF CLAIMS 
FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND 
INJURY TO WATER BY THE UNITED STATES, ACTING AS 
TRUSTEE
FOR
THE HOPI ALLOTTEES AGAINST
THE 
STATE AND OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, acting as trustee for 
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199 
the Hopi Allottees, as part of the performance of the 
obligations of the United States under the Settle-
ment Agreement and this Act, is authorized to exe-
cute a waiver and release of all claims against the 
State (or any agency or political subdivision of the 
State), the Hopi Tribe, the Navajo Nation, the Nav-
ajo Allottees, and the San Juan Southern Paiute 
Tribe, and any other individual, entity, corporation, 
or municipal corporation under Federal, State, or 
other law, for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Hopi Allotments, arising from 
time immemorial, and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Hopi Allottees or predecessors of the 
Hopi Allottees. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Hopi Allotments, arising 
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200 
from time immemorial through the Enforce-
ability Date. 
(D) Past, present, and future claims for 
Injury to Water for Hopi Allotments, arising 
from time immemorial and, thereafter, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by Hopi Allottees or prede-
cessors of the Hopi Allottees. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for the Hopi Allotments, resulting from the di-
version or Use of water outside of the Hopi Al-
lotments in a manner not in violation of the 
Settlement Agreement or State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
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201 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.7 of the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.7 of the Settlement Agree-
ment, the United States acting as trustee for the 
Hopi Allottees, shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Allottees under the Settlement Agreement, 
whether those rights are generally stated or 
specifically described, or this Act, in any Fed-
eral or State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Allottees under the LCR Decree; 
(C) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, the San 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
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202 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe; and 
(D) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, the San 
Juan Southern Paiute Tribe, and the Zuni 
Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe other than the Hopi 
Tribe, the Navajo Nation, the San Juan 
Southern Paiute Tribe, and the Zuni 
Tribe. 
(g) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS FOR WATER RIGHTS, INJURY TO WATER RIGHTS, 
AND INJURY TO WATER BY THE HOPI TRIBE, ON BEHALF 
OF THE HOPI TRIBE AND THE MEMBERS OF THE HOPI 
TRIBE (BUT NOT MEMBERS IN THE CAPACITY OF THE 
MEMBERS AS HOPI ALLOTTEES), AGAINST THE UNITED 
STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Hopi Tribe, acting on behalf of the 
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203 
Hopi Tribe and the Members of the Hopi Tribe (but 
not Members in the capacity of the Members as 
Hopi Allottees), as part of the performance of the 
obligations of the Hopi Tribe under the Settlement 
Agreement and this Act, is authorized to execute a 
waiver and release of all claims against the United 
States, including agencies, officials, and employees 
of the United States, under Federal, State, or other 
law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for Hopi Land, arising from time 
immemorial and, thereafter, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the Hopi Tribe, the predecessors of the Hopi 
Tribe, the Members of the Hopi Tribe, or pred-
ecessors of the Members of the Hopi Tribe. 
(C) Claims for Water Rights within the 
State that the United States, acting as trustee 
for the Hopi Tribe and Hopi Allottees, asserted 
or could have asserted in any proceeding, except 
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204 
to the extent that such rights are recognized as 
part of the Hopi Tribe’s Water Rights under 
this Act. 
(D) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for Hopi Land, arising from 
time immemorial through the Enforceability 
Date. 
(E) Past, present, and future claims for 
Injury to Water for Hopi Land, arising from 
time immemorial and, thereafter, forever. 
(F) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
within the State by the Hopi Tribe, the prede-
cessors of the Hopi Tribe, the Members of the 
Hopi Tribe, or predecessors of the Members of 
the Hopi Tribe. 
(G) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date for 
Hopi Land, resulting from the diversion or Use 
of water outside of Hopi Land in a manner not 
VerDate Sep 11 2014 
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205 
in violation of the Settlement Agreement or 
State law. 
(H) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(I) Past, present, and future claims arising 
out of, or relating in any manner to, United 
States Geological Survey monitoring and re-
porting activities described in paragraph 7.0 of 
the Settlement Agreement. 
(J) Past, present, and future claims aris-
ing from time immemorial and, thereafter, for-
ever, relating in any manner to Injury to Water 
or Injury to Water Rights based on the provi-
sions of paragraphs 8.0 and 9.0 of the Settle-
ment Agreement. 
(K) Past and present claims for foregone 
benefits from non-Hopi Use of water, on and 
off Hopi Land (including water from all sources 
and for all Uses), within the State arising be-
fore the Enforceability Date. 
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206 
(L) Past and present claims for damage, 
loss, or injury to land, or natural resources due 
to loss of water or Water Rights, including 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
water or Water Rights, claims relating to inter-
ference with, diversion of, or taking of water, or 
claims relating to a failure to protect, acquire, 
replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising 
before the Enforceability Date. 
(M) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide for operation, maintenance, or deferred 
maintenance for any irrigation system or irriga-
tion project on Hopi Land. 
(N) Past and present claims arising before 
the Enforceability Date from a failure to estab-
lish or provide a municipal, rural, or industrial 
water delivery system on Hopi Land. 
(O) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to construction, operation, and management of 
irrigation projects on Hopi Land, including 
damages, losses, or injuries to fish habitat, 
VerDate Sep 11 2014 
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207 
wildlife, and wildlife habitat, within the State 
arising before the Enforceability Date. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.8 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.8 to the Settlement Agree-
ment, the Hopi Tribe and the Members of the Hopi 
Tribe (but not Members in the capacity of the Mem-
bers as Hopi Allottees) shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the Settlement Agreement, whether 
those rights are generally stated or specifically 
described, or this Act, in any Federal or State 
court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the Hopi Tribe in 
fee in the LCR Watershed pursuant to subpara-
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209 
SAN JUAN SOUTHERN PAIUTE TRIBE) AGAINST
THE 
HOPI TRIBE AND THE MEMBERS OF THE HOPI TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the 
Settlement Agreement and this Act, is authorized to 
execute a waiver and release of all claims against the 
Hopi Tribe, the Members of the Hopi Tribe, or any 
agency, official, or employee of the Hopi Tribe, 
under Federal, State, or any other law for all of the 
following: 
(A) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, resulting from the diversion 
or Use of water on Hopi Land arising from 
time immemorial through the Enforceability 
Date. 
(B) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, re-
sulting from the diversion or Use of water on 
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210 
Hopi Land in a manner that is not in violation 
of the Settlement Agreement or State law. 
(C) Past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.9 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.9 to the Settlement Agree-
ment, the United States shall retain any right to as-
sert any claim not expressly waived in accordance 
with that paragraph and that Exhibit, in any Fed-
eral or State court of competent jurisdiction. 
(i) WAIVERS, RELEASES AND RETENTION OF CLAIMS 
FOR WATER RIGHTS, INJURY TO WATER RIGHTS, AND 
INJURY TO WATER BY THE SAN JUAN SOUTHERN PAIUTE 
TRIBE, ON BEHALF OF THE SAN JUAN SOUTHERN PAI-
UTE TRIBE
AND
THE MEMBERS
OF
THE SAN JUAN 
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211 
SOUTHERN PAIUTE TRIBE, AND THE UNITED STATES, 
ACTING AS TRUSTEE FOR THE SAN JUAN SOUTHERN PAI-
UTE TRIBE
AND
THE MEMBERS
OF
THE SAN JUAN 
SOUTHERN PAIUTE TRIBE AGAINST
THE STATE
AND 
OTHERS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the San Juan Southern Paiute Tribe, on 
behalf of the San Juan Southern Paiute Tribe and 
the Members of the San Juan Southern Paiute 
Tribe, and the United States, acting as trustee for 
the San Juan Southern Paiute Tribe and the Mem-
bers of the San Juan Southern Paiute Tribe, as part 
of the performance of the respective obligations of 
the San Juan Southern Paiute Tribe and the United 
States under the Settlement Agreement and this 
Act, is authorized to execute a waiver and release of 
all claims against the State (or any agency or polit-
ical subdivision of the State), the Hopi Tribe, the 
Hopi Allottees, the Navajo Nation, the Navajo 
Allottees, and any other individual, entity, corpora-
tion, or municipal corporation under Federal, State, 
or other law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for San Juan Southern Paiute 
VerDate Sep 11 2014 
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212 
Land, arising from time immemorial and, there-
after, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the San Juan Southern Paiute Tribe, the 
predecessors of the San Juan Southern Paiute 
Tribe, the Members of the San Juan Southern 
Paiute Tribe, or predecessors of the Members of 
the San Juan Southern Paiute Tribe. 
(C) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for San Juan Southern Pai-
ute Land, arising from time immemorial 
through the Enforceability Date. 
(D) Past, present, and future claims for 
Injury to Water for San Juan Southern Paiute 
Land, arising from time immemorial and, there-
after, forever. 
(E) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
VerDate Sep 11 2014 
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213 
are based on the aboriginal occupancy of land 
within the State by the San Juan Southern Pai-
ute Tribe, the predecessors of the San Juan 
Southern Paiute Tribe, the Members of the San 
Juan Southern Paiute Tribe, or predecessors of 
the Members of the San Juan Southern Paiute 
Tribe. 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, 
for San Juan Southern Paiute Land, resulting 
from the diversion or Use of water outside of 
San Juan Southern Paiute Land in a manner 
not in violation of the Settlement Agreement or 
State law. 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.11 to the Settlement Agreement; and 
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214 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.11 to the Settlement 
Agreement, the San Juan Southern Paiute Tribe, 
acting on behalf of the San Juan Southern Paiute 
Tribe and the Members of the San Juan Southern 
Paiute Tribe, and the United States, acting as trust-
ee for the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, 
shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the Settlement 
Agreement, whether those rights are generally 
stated or specifically described, or this Act, in 
any Federal or State court of competent juris-
diction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the San Juan South-
ern Paiute Tribe in fee or held in trust by the 
United States for the San Juan Southern Pai-
VerDate Sep 11 2014 
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216 
UTE TRIBE
AND
THE MEMBERS
OF
THE SAN JUAN 
SOUTHERN
PAIUTE
TRIBE, AGAINST
THE
UNITED 
STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the San Juan Southern Paiute Tribe, act-
ing on behalf of the San Juan Southern Paiute 
Tribe and the Members of the San Juan Southern 
Paiute Tribe, as part of the performance of the obli-
gations of the San Juan Southern Paiute Tribe 
under the Settlement Agreement and this Act, is au-
thorized to execute a waiver and release of all claims 
against the United States, including agencies, offi-
cials, and employees of the United States, under 
Federal, State, or other law for all of the following: 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, for San Juan Southern Paiute 
Land, arising from time immemorial and, there-
after, forever. 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River Water, arising from time immemorial 
and, thereafter, forever, that are based on the 
aboriginal occupancy of land within the State 
by the San Juan Southern Paiute Tribe, the 
VerDate Sep 11 2014 
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217 
predecessors of the San Juan Southern Paiute 
Tribe, the Members of the San Juan Southern 
Paiute Tribe, or predecessors of the Members of 
the San Juan Southern Paiute Tribe. 
(C) Claims for Water Rights within the 
State that the United States, acting as trustee 
for the San Juan Southern Paiute Tribe, as-
serted or could have asserted in any proceeding, 
except to the extent that such rights are recog-
nized as part of the San Juan Southern Paiute 
Tribe’s Water Rights under this Act. 
(D) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, for San Juan Southern Pai-
ute Land, arising from time immemorial 
through the Enforceability Date. 
(E) Past, present, and future claims for 
Injury to Water for San Juan Southern Paiute 
Land, arising from time immemorial and, there-
after, forever. 
(F) Past, present, and future claims for 
Injury to Water Rights, including injury to 
rights to Colorado River Water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
VerDate Sep 11 2014 
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218 
within the State by the San Juan Southern Pai-
ute Tribe, the predecessors of the San Juan 
Southern Paiute Tribe, the Members of the San 
Juan Southern Paiute Tribe, or predecessors of 
the Members of the San Juan Southern Paiute 
Tribe. 
(G) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date for 
San Juan Southern Paiute Land, resulting 
from the diversion or Use of water outside of 
San Juan Southern Paiute Land in a manner 
not in violation of this Agreement or State law. 
(H) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of this Agree-
ment, any judgment or decree approving or in-
corporating this Agreement, or this Act. 
(I) Past, present, and future claims arising 
out of, or relating in any manner to, United 
States Geological Survey monitoring and re-
porting activities described in paragraph 7.0 of 
the Settlement Agreement. 
(J) Past, present, and future claims aris-
ing from time immemorial and, thereafter, for-
VerDate Sep 11 2014 
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219 
ever, relating in any manner to Injury to Water 
or Injury to Water Rights based on the provi-
sions of paragraphs 8.0 and 9.0 of the Settle-
ment Agreement. 
(K) Past and present claims for foregone 
benefits from non-San Juan Southern Paiute 
Tribe Use of water, on and off San Juan 
Southern Paiute Land (including water from all 
sources and for all Uses), within the State aris-
ing before the Enforceability Date. 
(L) Past and present claims for damage, 
loss, or injury to land, or natural resources due 
to loss of water or Water Rights, including 
damages, losses, or injuries to hunting, fishing, 
gathering, or cultural rights due to loss of 
water or Water Rights, claims relating to inter-
ference with, diversion of, or taking of water, or 
claims relating to a failure to protect, acquire, 
replace, or develop water, Water Rights, or 
water infrastructure, within the State, arising 
before the Enforceability Date. 
(M) Past and present claims arising before 
the Enforceability Date from a failure to pro-
vide for operation, maintenance, or deferred 
maintenance for any irrigation system or irriga-
VerDate Sep 11 2014 
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220 
tion project on San Juan Southern Paiute 
Land. 
(N) Past and present claims arising before 
the Enforceability Date from a failure to estab-
lish or provide a municipal, rural, or industrial 
water delivery system on San Juan Southern 
Paiute Land. 
(O) Past and present claims for damage, 
loss, or injury to land or natural resources due 
to construction, operation, and management of 
irrigation projects on San Juan Southern Pai-
ute Land, including damages, losses, or injuries 
to fish habitat, wildlife, and wildlife habitat, 
within the State arising before the Enforce-
ability Date. 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall 
be— 
(A) in the form described in Exhibit 13.12 
to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.12 to the Settlement 
Agreement, the San Juan Southern Paiute Tribe, 
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221 
acting on behalf of the San Juan Southern Paiute 
Tribe and the Members of the San Juan Southern 
Paiute Tribe shall retain any right— 
(A) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the Settlement 
Agreement, whether those rights are generally 
stated or specifically described, or this Act, in 
any Federal or State court of competent juris-
diction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the San Juan 
Southern Paiute Tribe under the LCR Decree; 
(C) to assert claims for Water Rights for 
land owned or acquired by the San Juan South-
ern Paiute Tribe in fees in the LCR Watershed 
pursuant to subparagraphs 6.4 and 6.5 of the 
Settlement Agreement; 
(D) to object to any claims for Water 
Rights by or for— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, and the 
Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
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222 
Tribe, the Navajo Nation, and the Zuni 
Tribe; and 
(E) to assert past, present, or future 
claims for Injury to Water Rights against— 
(i) any Indian Tribe other than the 
Hopi Tribe, the Navajo Nation, and the 
Zuni Tribe; or 
(ii) the United States acting on behalf 
of any Indian Tribe, other than the Hopi 
Tribe, the Navajo Nation, and the Zuni 
Tribe. 
(k) WAIVERS, RELEASES
AND
RETENTION
OF 
CLAIMS BY THE UNITED STATES IN ALL CAPACITIES 
(EXCEPT AS TRUSTEE FOR AN INDIAN TRIBE OTHER 
THAN THE NAVAJO NATION, THE HOPI TRIBE, AND THE 
SAN JUAN SOUTHERN PAIUTE TRIBE) AGAINST THE SAN 
JUAN SOUTHERN PAIUTE TRIBE AND THE MEMBERS OF 
THE SAN JUAN SOUTHERN PAIUTE TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
Navajo Nation, the Hopi Tribe, and the San Juan 
Southern Paiute Tribe), as part of the performance 
of the obligations of the United States under the 
Settlement Agreement and this Act, is authorized to 
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223 
execute a waiver and release of all claims against the 
San Juan Southern Paiute Tribe, the Members of 
the San Juan Southern Paiute Tribe, or any agency, 
official, or employee of the San Juan Southern Pai-
ute Tribe, under Federal, State, or any other law for 
all: 
(A) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River Water, resulting from the diversion 
or Use of water on San Juan Southern Paiute 
Land arising from time immemorial through 
the Enforceability Date. 
(B) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
Water, arising after the Enforceability Date, re-
sulting from the diversion or Use of water on 
San Juan Southern Paiute Land in a manner 
that is not in violation of the Settlement Agree-
ment or State law. 
(C) Past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, execution, or adoption of the Settle-
ment Agreement, any judgment or decree ap-
proving or incorporating the Settlement Agree-
ment, or this Act. 
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224 
(2) FORM; EFFECTIVE DATE.—The waiver and 
release of claims described in paragraph (1) shall— 
(A) be in the form described in Exhibit 
13.13 to the Settlement Agreement; and 
(B) take effect on the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1) and Exhibit 13.13 to the Settlement 
Agreement, the United States shall retain any right 
to assert any claim not expressly waived in accord-
ance with that paragraph and that Exhibit, in any 
Federal or State court of competent jurisdiction. 
SEC. 15. SATISFACTION OF WATER RIGHTS AND OTHER 
BENEFITS. 
(a) NAVAJO NATION AND THE MEMBERS OF THE 
NAVAJO NATION; NAVAJO ALLOTTEES AND THE UNITED 
STATES, ACTING
AS
TRUSTEE
FOR
THE
NAVAJO 
ALLOTTEES.— 
(1) NAVAJO
NATION
AND
THE
MEMBERS
OF 
THE NAVAJO NATION.— 
(A) IN GENERAL.—The benefits provided 
under the Settlement Agreement shall be in 
complete replacement of, complete substitution 
for, and full satisfaction of any claim of the 
Navajo Nation and the Members of the Navajo 
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225 
Nation against the Parties, including the 
United States, that is waived and released by 
the Navajo Nation acting on behalf of the Nav-
ajo Nation and the Members of the Navajo Na-
tion under Exhibits 13.1 and 13.3 to the Settle-
ment Agreement. 
(B) SATISFACTION OF WATER RIGHTS.— 
Any entitlement to water of the Navajo Nation 
and the Members of the Navajo Nation (but not 
Members in the capacity of the Members as 
Navajo Allottees) or the United States acting as 
trustee for the Navajo Nation and the Members 
of the Navajo Nation (but not Members in the 
capacity of the Members as Navajo Allottees), 
for Navajo Land shall be satisfied out of the 
water resources and other benefits granted, 
confirmed, quantified, or recognized by the Set-
tlement Agreement and this Act, to or for the 
Navajo Nation, the Members of the Navajo Na-
tion (but not Members in the capacity of the 
Members as Navajo Allottees), and the United 
States, acting as trustee for the Navajo Nation 
and the Members of the Navajo Nation (but not 
Members in the capacity of the Members as 
Navajo Allottees). 
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226 
(2) NAVAJO
ALLOTTEES
AND
THE
UNITED 
STATES, ACTING
AS
TRUSTEE
FOR
THE
NAVAJO 
ALLOTTEES.— 
(A) IN
GENERAL.—The benefits realized 
by the Navajo Allottees under the Settlement 
Agreement and this Act shall be in complete re-
placement of, complete substitution for, and full 
satisfaction of— 
(i) all claims waived and released by 
the United States (acting as trustee for 
the Navajo Allottees) under Exhibit 13.2 
to the Settlement Agreement; and 
(ii) any claims of the Navajo Allottees 
against the United States similar to the 
claims described in Exhibit 13.2 to the 
Settlement Agreement that the Navajo 
Allottees asserted or could have asserted. 
(B) SATISFACTION OF WATER RIGHTS.— 
Any entitlement to water of the Navajo 
Allottees or the United States acting as trustee 
for the Navajo Allottees, for Navajo Allotments 
shall be satisfied out of the water resources and 
other benefits granted, confirmed, or recognized 
by the Settlement Agreement and this Act, to 
or for the Navajo Allottees and the United 
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227 
States, acting as trustee for the Navajo 
Allottees. 
(3) NO RIGHT ESTABLISHED.—Notwithstanding 
paragraphs (1) and (2), nothing in the Settlement 
Agreement or this Act recognizes or establishes any 
right of a Member of the Navajo Nation (but not 
Members in the capacity of the Members as Navajo 
Allottees) to water on Navajo Land. 
(b) HOPI TRIBE AND THE MEMBERS OF THE HOPI 
TRIBE; HOPI ALLOTTEES
AND
THE UNITED STATES, 
ACTING AS TRUSTEE FOR THE HOPI ALLOTTEES.— 
(1) HOPI TRIBE AND THE MEMBERS OF THE 
HOPI TRIBE.— 
(A) IN GENERAL.—The benefits provided 
under the Settlement Agreement shall be in 
complete replacement of, complete substitution 
for, and full satisfaction of any claim of the 
Hopi Tribe and the Members of the Hopi Tribe 
against the Parties, including the United 
States, that is waived and released by the Hopi 
Tribe acting on behalf of the Hopi Tribe and 
the Members of the Hopi Tribe under Exhibits 
13.6 and 13.8 to the Settlement Agreement. 
(B) SATISFACTION OF WATER RIGHTS.— 
Any entitlement to water of the Hopi Tribe and 
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228 
the Members of the Hopi Tribe (but not Mem-
bers in the capacity of the Members as Hopi 
Allottees) or the United States acting as trustee 
for the Hopi Tribe and the Members of the 
Hopi Tribe (but not Members in the capacity of 
the Members as Hopi Allottees), for Hopi Land 
shall be satisfied out of the water resources and 
other benefits granted, confirmed, quantified, or 
recognized by the Settlement Agreement and 
this Act, to or for the Hopi Tribe, the Members 
of the Hopi Tribe (but not Members in the ca-
pacity of the Members as Hopi Allottees), and 
the United States, acting as trustee for the 
Hopi Tribe and the Members of the Hopi Tribe 
(but not Members in the capacity of the Mem-
bers as Hopi Allottees). 
(2) HOPI
ALLOTTEES
AND
THE
UNITED 
STATES, 
ACTING
AS
TRUSTEE
FOR
THE
HOPI 
ALLOTTEES.— 
(A) IN
GENERAL.—The benefits realized 
by the Hopi Allottees under the Settlement 
Agreement shall be in complete replacement of, 
complete substitution for, and full satisfaction 
of— 
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229 
(i) all claims waived and released by 
the United States (acting as trustee for 
the Hopi Allottees) under Exhibit 13.7 to 
the Settlement Agreement; and 
(ii) any claims of the Hopi Allottees 
against the United States similar to the 
claims described in Exhibit 13.7 to the 
Settlement Agreement that the Hopi 
Allottees asserted or could have asserted. 
(B) SATISFACTION OF WATER RIGHTS.— 
Any entitlement to water of the Hopi Allottees 
or the United States acting trustee for the Hopi 
Allottees, for Hopi Allotments shall be satisfied 
out of the water resources and other benefits 
granted, confirmed, or recognized by the Settle-
ment Agreement and this Act, to or for the 
Hopi Allottees and the United States, acting as 
trustee for the Hopi Allottees. 
(3) NO RIGHT ESTABLISHED.—Notwithstanding 
paragraphs (1) and (2), nothing in the Settlement 
Agreement or this Act recognizes or establishes any 
right of a Member of the Hopi Tribe (but not Mem-
bers in the capacity of the Members as Hopi 
Allottees) to water on Hopi Land. 
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230 
(c) SAN JUAN SOUTHERN PAIUTE TRIBE AND THE 
MEMBERS
OF
THE
SAN
JUAN
SOUTHERN
PAIUTE 
TRIBE.— 
(1) IN GENERAL.—The benefits provided under 
the Settlement Agreement shall be in complete re-
placement of, complete substitution for, and full sat-
isfaction of any claim of the San Juan Southern 
Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe against the Parties, including 
the United States, that is waived and released by the 
San Juan Southern Paiute Tribe acting on behalf of 
the San Juan Southern Paiute Tribe and the Mem-
bers of the San Juan Southern Paiute Tribe under 
Exhibits 13.11 and 13.12 to the Settlement Agree-
ment. 
(2) SATISFACTION
OF
WATER
RIGHTS.—Any 
entitlement to water of the San Juan Southern Pai-
ute Tribe and the Members of the San Juan South-
ern Paiute Tribe or the United States, acting as 
trustee for the San Juan Southern Paiute Tribe and 
the Members of the San Juan Southern Paiute 
Tribe, for San Juan Southern Paiute Land shall be 
satisfied out of the water resources and other bene-
fits granted, confirmed, quantified, or recognized by 
the Settlement Agreement and this Act, to or for the 
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231 
San Juan Southern Paiute Tribe and the Members 
of the San Juan Southern Paiute Tribe and the 
United States, acting as trustee for the San Juan 
Southern Paiute Tribe and the Members of the San 
Juan Southern Paiute Tribe. 
(3) NO RIGHT ESTABLISHED.—Notwithstanding 
paragraphs (1) and (2), nothing in the Settlement 
Agreement or this Act recognizes or establishes any 
right of a Member of the San Juan Southern Paiute 
Tribe to water on the San Juan Southern Paiute 
Southern Area. 
SEC. 16. ENFORCEABILITY DATE. 
(a) IN GENERAL.—The Settlement Agreement, in-
cluding the waivers and releases of claims described in 
paragraph 13 of the Settlement Agreement and section 
14, shall take effect and be fully enforceable on the date 
on which the Secretary publishes in the Federal Register 
a statement of findings in accordance with the following: 
(1) The Settlement Agreement has been re-
vised, through an amendment and restatement— 
(A) to eliminate any conflict between the 
Settlement Agreement and this Act; and 
(B) to include the executed Water Delivery 
Contracts required by section 6(e) and subpara-
graphs 10.1.1, 10.1.2, 10.1.3, 11.1.1, and 
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232 
11.1.2 as Exhibits to the Settlement Agree-
ment. 
(2) The Settlement Agreement, as revised 
through an amendment and restatement pursuant to 
paragraph (1), has been signed by the United 
States, acting through the Secretary, and not fewer 
than 30 of the Parties who executed the Settlement 
Agreement, making the Settlement Agreement effec-
tive, including— 
(A) the Navajo Nation; 
(B) the Hopi Tribe; 
(C) the San Juan Southern Paiute Tribe; 
(D) the State; 
(E) the Arizona State Land Department; 
(F) the Central Arizona Water Conserva-
tion District; 
(G) the Salt River Project Agricultural Im-
provement and Power District; and 
(H) the Salt River Valley Water Users’ As-
sociation. 
(3) Any Exhibit to the Settlement Agreement 
requiring execution by any Party has been executed 
by the required Party. 
(4) The waivers and releases of claims de-
scribed in paragraph 13 of the Settlement Agree-
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233 
ment and section 14 have been executed by the 
United States, Navajo Nation, Hopi Tribe, San 
Juan Southern Paiute Tribe, the State, and the 
other Parties. 
(5) $5,136,400,000 has been authorized, appro-
priated, and deposited in the designated accounts 
pursuant to section 13. 
(6) The LCR Decree has been approved by the 
LCR Adjudication Court substantially in the form of 
the judgment and decree attached as Exhibit 3.1.82 
to the Settlement Agreement, as amended to ensure 
consistency with this Act. 
(7) The Gila River Adjudication Decree has 
been approved by the Gila River Adjudication Court 
substantially in the form of the judgment and decree 
attached as Exhibit 3.1.47 to the Settlement Agree-
ment, as amended to ensure consistency with this 
Act. 
(8) The San Juan Southern Paiute Tribe and 
the Navajo Tribal Utility Authority have executed a 
water services agreement to deliver municipal water 
to the San Juan Southern Paiute Tribe and its 
members. 
(9) Each of the Navajo Nation, the Hopi Tribe, 
and the San Juan Southern Paiute Tribe have exe-
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234 
cuted the tribal resolution described in subsections 
(a)(2), (b)(2), and (c)(2) of section 18, respectively, 
consenting to the limited waiver of sovereign immu-
nity from suit in the circumstances described in that 
section. 
(b) FAILURE TO SATISFY CONDITIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if the Secretary fails to publish in the 
Federal Register a statement of findings under sub-
section (a) by June 30, 2035, or such alternative 
later date as may be agreed to by the Navajo Na-
tion, the Hopi Tribe, the San Juan Southern Paiute 
Tribe, the Secretary, and the State— 
(A) this Act is repealed; 
(B) any action taken by the Secretary and 
any contract or agreement entered into pursu-
ant to this Act shall be void; 
(C) the United States shall be entitled to 
offset any Federal amounts made available 
under section 13(a)(2)(B) that were used under 
that section against any claims asserted by the 
Tribes against the United States; and 
(D) any amounts appropriated under sec-
tion 13, together with any investment earnings 
on those amounts, less any amounts expended 
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235 
under section 9, shall revert immediately to the 
general fund of the Treasury. 
(2) CONTINUED EXISTENCE OF THE SAN JUAN 
SOUTHERN PAIUTE RESERVATION.— 
(A) IN GENERAL.—Section 19 becomes ef-
fective on the date of enactment of this Act. 
(B) CONTINUED
EFFECTIVENESS.—Not-
withstanding paragraph (1), if the Secretary 
fails to publish in the Federal Register a state-
ment of findings under that paragraph by June 
30, 2035, or such alternative later date as may 
be agreed to by the Tribes, the Secretary and 
the State, section 19 shall remain in effect. 
SEC. 17. COLORADO RIVER ACCOUNTING. 
(a) ACCOUNTING FOR THE TYPE OF WATER DELIV-
ERED.— 
(1) NAVAJO NATION CIBOLA WATER; NAVAJO 
NATION FOURTH PRIORITY WATER.—All deliveries of 
Navajo Nation Cibola Water and Navajo Nation 
Fourth Priority Water effected by the diversion of 
water from the Colorado River above Lee Ferry 
within the State shall be accounted for as deliveries 
of Arizona Lower Basin Colorado River Water and 
credited as water passing Lee Ferry for purposes of 
article III(d) of the Colorado River Compact. 
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236 
(2) HOPI TRIBE CIBOLA WATER.—All deliveries 
of Hopi Tribe Cibola Water effected by the diversion 
of water from the Colorado River above Lee Ferry 
within the State shall be accounted for as deliveries 
of Arizona Lower Basin Colorado River Water and 
credited as water passing Lee Ferry for purposes of 
article III(d) of the Colorado River Compact. 
(3) NAVAJO NATION UPPER BASIN COLORADO 
RIVER WATER.—Subject to subsections (g) and (h) 
of section 6, all deliveries of Navajo Nation Upper 
Basin Colorado River Water effected by diversion of 
water from the Upper Basin in the State, New Mex-
ico, or Utah for Use on the Navajo Reservation shall 
be— 
(A) used within the boundaries of the Nav-
ajo Reservation or outside of the Navajo Res-
ervation if conveyed from facilities that are 
physically connected to facilities on the Navajo 
Reservation, as described in paragraph 4.18.6 
of the Settlement Agreement; and 
(B) accounted for as deliveries of Arizona 
Upper Basin Colorado River Water. 
(4) HOPI TRIBE UPPER BASIN COLORADO RIVER 
WATER.—All deliveries of Hopi Tribe Upper Basin 
Colorado River Water effected by diversion of water 
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237 
from the Upper Basin in the State for Use on the 
Hopi Reservation shall be— 
(A) used within the boundaries of the Hopi 
Reservation or outside of the Hopi Reservation 
if conveyed from facilities that are physically 
connected to facilities on the Hopi Reservation, 
as described in paragraph 5.15.6 of the Settle-
ment Agreement; and 
(B) accounted for as deliveries of Arizona 
Upper Basin Colorado River Water. 
(5) ARIZONA UPPER BASIN COLORADO RIVER 
WATER.—All deliveries of Arizona Upper Basin Col-
orado River Water apportioned to and leased by the 
Navajo Nation or the Hopi Tribe, whether effected 
by a diversion of water from the Upper Basin or the 
Lower Basin, shall be accounted for as deliveries of 
Arizona Upper Basin Colorado River Water, subject 
to the conditions that if the point of diversion is 
from the Colorado River below Lee Ferry— 
(A) the amount of water to be delivered at 
Lee Ferry under such a lease or exchange shall 
not exceed the amount of Navajo Nation Upper 
Basin Colorado River Water or Hopi Tribe 
Upper Basin Colorado River Water leased or 
exchanged; 
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238 
(B) the associated amount of Upper Basin 
Colorado River Water delivery actually made 
from the Upper Basin at Lee Ferry to satisfy 
the lease or exchange shall not be credited as 
water passing Lee Ferry for purposes of article 
III(d) of the Colorado River Compact; and 
(C) the water shall be accounted for as de-
liveries of Arizona Upper Basin Colorado River 
Water. 
(6) ARIZONA LOWER BASIN COLORADO RIVER 
WATER.—All deliveries of Arizona Lower Basin Col-
orado River Water apportioned to and leased by the 
Navajo Nation or the Hopi Tribe, whether effected 
by a diversion of water from the Upper Basin or the 
Lower Basin, shall be accounted for as deliveries of 
Arizona Lower Basin Colorado River Water to the 
Navajo Nation or the Hopi Tribe, subject to the con-
dition that if the point of diversion is from the Colo-
rado River above Lee Ferry within the State the 
amount of water diverted by a lessee or exchange 
partner shall be credited as water passing Lee Ferry 
for purposes of article III(d) of the Colorado River 
Compact. 
(b) SPECIAL ACCOUNTING RULES FOR LOWER BASIN 
COLORADO RIVER WATER AS LOWER BASIN USE IN ARI-
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239 
ZONA, REGARDLESS OF POINT OF DIVERSION.—Notwith-
standing section 10603(c)(2)(A) of the Northwestern New 
Mexico Rural Water Projects Act (Public Law 111–11; 
123 Stat. 1384), all Navajo Nation Cibola Water, Navajo 
Nation Fourth Priority Water, and Hopi Tribe Cibola 
Water delivered to and consumptively used by the Navajo 
Nation, the Hopi Tribe, or their lessees or exchange part-
ners pursuant to the Settlement Agreement shall be— 
(1) credited as water reaching Lee Ferry pursu-
ant to article III(d) of the Colorado River Compact; 
(2) charged against the consumptive use appor-
tionment made to the Lower Basin by article III(a) 
of the Colorado River Compact; and 
(3) accounted for as part of and charged 
against the 2,800,000 acre-feet of Colorado River 
Water apportioned to the State in paragraph 
II(B)(1) of the Decree. 
(c) ADDITIONAL CONDITIONS FOR USE OF COLO-
RADO RIVER WATER.— 
(1) IN
GENERAL.—No Navajo Nation Upper 
Basin Colorado River Water or Hopi Tribe Upper 
Basin Colorado River Water may be delivered in the 
Lower Basin in the State and no Navajo Nation 
Fourth Priority Water, Navajo Nation Cibola Water, 
or Hopi Tribe Cibola Water may be diverted in the 
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240 
Upper Basin until such time as the Secretary has 
developed and, as necessary and appropriate, modi-
fied, in consultation with the State and the Upper 
Colorado River Commission and the Governors’ rep-
resentatives of the Colorado River Basin States, all 
operational and decisional criteria, policies, con-
tracts, guidelines, or other documents that control 
the operations of the Colorado River System res-
ervoirs and diversion works, so as to adjust, provide 
for, account for, and offset the diversion of Arizona 
Colorado River Water, subject to the conditions 
that— 
(A) all such actions shall be consistent 
with the provisions of section 10603(c) of the 
Northwestern 
New 
Mexico 
Rural 
Water 
Projects Act (Public Law 111–11; 123 Stat. 
1384) and this Act; and 
(B) the development of or modifications to 
criteria, policies, contracts, guidelines, or other 
documents made pursuant to this subsection 
shall be applicable only for the duration of any 
such diversion or delivery pursuant to the 
Northwestern 
New 
Mexico 
Rural 
Water 
Projects Act (Public Law 111–11; 123 Stat. 
1367) or this Act. 
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(2) REQUIRED PROVISIONS.—The following are 
required provisions to be included in any criteria, 
policy, contract, guideline, or other document de-
scribed in paragraph (1): 
(A) ARIZONA
UPPER
BASIN
COLORADO 
RIVER WATER.—Arizona Upper Basin Colorado 
River Water released at Glen Canyon Dam for 
water delivery from the Colorado River main-
stream below Glen Canyon Dam— 
(i) shall only be used within the State; 
(ii) shall be subject to all actual con-
veyance, evaporation, and other losses be-
tween Glen Canyon Dam and the point of 
diversion; 
(iii) shall be fully delivered prior to 
the end of the year in which it is ordered; 
(iv) shall not be greater than the Ari-
zona Upper Basin Colorado River Water 
minus all other consumptive uses of Ari-
zona Upper Basin Colorado River Water 
using the average annual consumptive uses 
based on the previous 5 years; 
(v) for the first 20 years after the En-
forceability Date, shall not exceed 17,050 
AFY; 
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(vi) after the first 20 years after the 
Enforceability Date, shall not exceed 
47,000 AFY, minus any Navajo Nation 
Upper Basin Colorado River Water di-
verted from the San Juan River upstream 
from Lake Powell and all other consump-
tive uses of Navajo Nation Upper Basin 
Colorado River Water and Hopi Tribe 
Upper Basin Colorado River Water using 
the average annual consumptive uses based 
on the previous 5 years; 
(vii) shall be released from Lake Pow-
ell in addition to the releases of water that 
would have otherwise occurred under any 
operating criteria or guidelines governing 
releases from Lake Powell; and 
(viii) for purposes of meeting the re-
quirements of article III(d) of the Colorado 
River Compact, shall not be counted as 
water flowing by Lee Ferry. 
(B) ARIZONA
LOWER
BASIN
COLORADO 
RIVER WATER.—Arizona Lower Basin Colorado 
River Water diverted in the Upper Basin in the 
State— 
(i) shall only be used within the State; 
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(ii) shall be fully delivered prior to the 
end of the year for which it is ordered; 
(iii) shall not be stored in Lake Powell 
or otherwise carried over from one water 
year to any subsequent water year; 
(iv) shall be subject to reduction in 
any year in which a shortage is declared to 
the same extent as other Arizona Lower 
Basin Colorado River Water of the same 
priority; and 
(v) shall reduce the amount of Ari-
zona Lower Basin Colorado River Water 
that would otherwise be released from 
Lake Powell under any operating criteria 
or guidelines. 
SEC. 18. LIMITED WAIVER OF SOVEREIGN IMMUNITY. 
(a) LIMITED WAIVER BY THE NAVAJO NATION AND 
THE UNITED STATES ACTING AS TRUSTEE FOR THE NAV-
AJO NATION AND NAVAJO ALLOTTEES.— 
(1) IN GENERAL.—The Navajo Nation, and the 
United States acting as trustee for the Navajo Na-
tion and Navajo Allottees, may be joined in any ac-
tion brought in any circumstance described in para-
graph (3), and any claim by the Navajo Nation and 
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244 
the United States to sovereign immunity from any 
such action is waived. 
(2) NAVAJO NATION CONSENT.—By resolution 
No. CMY–26–24 and dated May 24, 2024, the Nav-
ajo Nation Council has affirmatively consented to 
the limited waiver of sovereign immunity from suit 
in any circumstance described in paragraph (3), not-
withstanding any provision of the Navajo Nation 
Code or any other Navajo Nation law. 
(3) 
CIRCUMSTANCES
DESCRIBED.—A 
cir-
cumstance referred to in paragraphs (1) and (2) is 
any of the following: 
(A) Any party to the Settlement Agree-
ment— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) this Act; or 
(II) the Settlement Agreement; 
(ii) names the Navajo Nation, or the 
United States acting as trustee for the 
Navajo Nation or Navajo Allottees, as a 
party in that action; and 
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245 
(iii) does not include any request for 
award against the Navajo Nation, or the 
United States acting as trustee for the 
Navajo Nation or Navajo Allottees, for 
money damages, court costs, or attorney 
fees. 
(B) Any landowner or water user in the 
LCR Watershed or the Gila River Watershed— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) paragraph 13 of the Settle-
ment Agreement; 
(II) the LCR Decree or the Gila 
River Adjudication Decree; or 
(III) section 14; 
(ii) names the Navajo Nation, or the 
United States acting as trustee for the 
Navajo Nation or Navajo Allottees, as a 
party in that action; and 
(iii) does not include any request for 
award against the Navajo Nation, or the 
United States acting as trustee for the 
Navajo Nation or Navajo Allottees, for 
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money damages, court costs or attorney 
fees. 
(b) LIMITED WAIVER BY THE HOPI TRIBE AND THE 
UNITED STATES ACTING AS TRUSTEE FOR THE HOPI 
TRIBE AND HOPI ALLOTEES.— 
(1) IN
GENERAL.—The Hopi Tribe, and the 
United States acting as trustee for the Hopi Tribe 
and Hopi Allottees, may be joined in any action 
brought in any circumstance described in paragraph 
(3), and any claim by the Hopi Tribe and the 
United States to sovereign immunity from any such 
action is waived. 
(2) HOPI TRIBE CONSENT.—By resolution No. 
H–035–2024 and dated May 20, 2024, the Hopi 
Tribal Council has affirmatively consented to the 
limited waiver of sovereign immunity from suit in 
any circumstance described in paragraph (3), not-
withstanding any provision of the Hopi Tribal Code 
or any other Hopi Tribe law. 
(3) 
CIRCUMSTANCES
DESCRIBED.—A 
cir-
cumstance referred to in paragraphs (1) and (2) is 
any of the following: 
(A) Any party to the Settlement Agree-
ment— 
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(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) this Act; or 
(II) the Settlement Agreement; 
(ii) names the Hopi Tribe or the 
United States, acting as trustee for the 
Hopi Tribe or Hopi Allottees, as a party in 
that action; and 
(iii) does not include any request for 
award against the Hopi Tribe, or the 
United States acting as trustee for the 
Hopi Tribe or Hopi Allottees, for money 
damages, court costs, or attorney fees. 
(B) Any landowner or water user in the 
LCR Watershed— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) paragraph 13 of the Settle-
ment Agreement; 
(II) the LCR Decree; or 
(III) section 14; 
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248 
(ii) names the Hopi Tribe, or the 
United States acting as trustee for the 
Hopi Tribe or Hopi Allottees, as a party in 
that action; and 
(iii) does not include any request for 
award against the Hopi Tribe, or the 
United States acting as trustee for the 
Hopi Tribe or Hopi Allottees, for money 
damages, court costs, or attorney fees. 
(c) LIMITED WAIVER BY THE SAN JUAN SOUTHERN 
PAIUTE TRIBE AND THE UNITED STATES ACTING AS 
TRUSTEE
FOR
THE
SAN
JUAN
SOUTHERN
PAIUTE 
TRIBE.— 
(1) IN
GENERAL.—The San Juan Southern 
Paiute Tribe and the United States acting as trustee 
for the San Juan Southern Paiute Tribe may be 
joined in any action brought in any circumstance de-
scribed in paragraph (3), and any claim by the San 
Juan Southern Paiute Tribe and the United States 
to sovereign immunity from any such action is 
waived. 
(2) SAN JUAN SOUTHERN PAIUTE TRIBE CON-
SENT.—By resolution No. 2024–040, dated May 23, 
2024, the San Juan Southern Paiute Tribal Council 
has affirmatively consented to the limited waiver of 
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249 
sovereign immunity from suit in any circumstance 
described in paragraph (3), notwithstanding any 
provision of the San Juan Southern Paiute Tribal 
Code or any other San Juan Southern Paiute Tribal 
law. 
(3) 
CIRCUMSTANCES
DESCRIBED.—A 
cir-
cumstance referred to in paragraphs (1) and (2) is 
any of the following: 
(A) Any party to the Settlement Agree-
ment— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) this Act; or 
(II) the Settlement Agreement; 
(ii) names the San Juan Southern 
Paiute Tribe or the United States acting 
as trustee for the San Juan Southern Pai-
ute Tribe as a party in that action; and 
(iii) does not include any request for 
award against the San Juan Southern Pai-
ute Tribe, or the United States acting as 
trustee for the San Juan Southern Paiute 
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250 
Tribe, for money damages, court costs, or 
attorney fees. 
(B) Any landowner or water user in the 
LCR Watershed— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) paragraph 13 of the Settle-
ment Agreement; 
(II) the LCR Decree; or 
(III) section 14; 
(ii) names the San Juan Southern 
Paiute Tribe or the United States acting 
as trustee for the San Juan Southern Pai-
ute Tribe as a party in that action; and 
(iii) does not include any request for 
award against the San Juan Southern Pai-
ute Tribe, or the United States acting as 
trustee for the San Juan Southern Paiute 
Tribe, for money damages, court costs, or 
attorney fees. 
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251 
SEC. 19. RATIFICATION OF THE TREATY AND CREATION OF 
THE SAN JUAN SOUTHERN PAIUTE RESERVA-
TION. 
(a) RATIFICATION AND APPROVAL OF THE TREA-
TY.—The Treaty and the Treaty Addendum are hereby 
approved, ratified, and confirmed. 
(b) APPROVAL OF THE SECRETARY.— 
(1) IN GENERAL.—The Secretary is authorized 
and directed— 
(A) to approve and execute the Treaty and 
the Treaty Addendum, except that the specific 
findings stated under the heading ‘‘AP-
PROVAL’’ shall not be binding on the Sec-
retary; and 
(B) to take all steps necessary to imple-
ment the Treaty and this Act. 
(2) APPROVAL
AND
EXECUTION
OF
AMEND-
MENTS.—The Secretary is delegated the authority, 
without a further Act of Congress, to approve and 
execute amendments to the Treaty agreed to by the 
Navajo Nation and the San Juan Southern Paiute 
Tribe. 
(c) LANDS PROCLAIMED A RESERVATION FOR THE 
SAN JUAN SOUTHERN PAIUTE TRIBE.— 
(1) IN GENERAL.—All right, title, and interest, 
including Water Rights, to the approximately 5,400 
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252 
acres of land within the Navajo Indian Reservation 
that are described in the Treaty as the San Juan 
Southern Paiute Northern Area and the San Juan 
Southern Paiute Southern Area are hereby pro-
claimed as the San Juan Southern Paiute Reserva-
tion and such land shall be held by the United 
States in trust as a reservation for the exclusive ben-
efit of the San Juan Southern Paiute Tribe, subject 
to the rights of access under subsection (d). 
(2) NO APPRAISAL OR VALUATION.—Notwith-
standing any other provision law, no appraisal or 
other valuation shall be required to carry out this 
subsection. 
(3) 
DISCLAIMER
OF
RESERVED
WATER 
RIGHTS.—Nothing in this Act constitutes an express 
or implied reservation of water or water rights for 
the San Juan Southern Paiute Northern Area in the 
State of Utah. 
(d) RIGHTS OF ACCESS AND EASEMENTS.—The Nav-
ajo Reservation and the San Juan Southern Paiute Res-
ervation shall be subject to the rights of access and ease-
ments as identified in the Treaty. 
(e) SURVEYING AND FENCING OF LAND.— 
(1) REQUIREMENT.—The Secretary shall— 
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253 
(A) as soon as practicable after the date of 
enactment of this Act, complete a survey and 
legal description of the boundary lines to estab-
lish the boundaries of the San Juan Southern 
Paiute Reservation; 
(B) officially file the survey plat in the ap-
propriate office of the Department of the Inte-
rior; 
(C) mark and fence the lands as described 
in article V of the Treaty, where feasible; and 
(D) study the feasibility of an access road 
to the San Juan Southern Paiute Southern 
Area from U.S. Route 89, as described in arti-
cle XI of the Treaty. 
(2) LEGAL DESCRIPTION.— 
(A) IN GENERAL.—The legal descriptions 
published in accordance with subparagraph (B) 
shall— 
(i) be considered the official legal de-
scription of the San Juan Southern Paiute 
Reservation; and 
(ii) have the same force and effect as 
if included in this Act. 
(B) PUBLICATION.—On completion of the 
surveys under paragraph (1)(A), the Secretary 
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254 
shall publish in the Federal Register a legal de-
scription of the land comprising the San Juan 
Southern Paiute Reservation. 
(C) CORRECTIONS.—The Secretary may 
make minor corrections to correct technical and 
clerical errors in the legal descriptions. 
(f) REPEAL
OF
PAIUTE
ALLOTMENT
PROCE-
DURES.—Section 9 of Public Law 93–531 (88 Stat. 1716) 
is repealed. 
(g) PUBLICATION; JURISDICTION.— 
(1) PUBLICATION.—In accordance with article 
VI of the Treaty, the Secretary shall publish in the 
Federal Register separate notices of completion or 
boundary marking of— 
(A) the San Juan Paiute Northern Area; 
and 
(B) the San Juan Paiute Southern Area. 
(2) JURISDICTION.—On publication in the Fed-
eral Register under subparagraph (A) or (B) of 
paragraph (1)— 
(A) the San Juan Southern Paiute Tribe 
shall have full jurisdiction over all matters with-
in that area of the San Juan Southern Paiute 
Reservation to the fullest extent permitted by 
Federal law; and 
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255 
(B) the Navajo Nation shall not have juris-
diction over matters occurring within that area 
of the San Juan Southern Paiute Reservation 
except as agreed to by the Navajo Nation and 
the San Juan Southern Paiute Tribe. 
SEC. 20. AUTHORIZATION FOR USE OF NAVAJO-GALLUP 
WATER SUPPLY PROJECT FACILITIES. 
(a) NAVAJO
NATION
UPPER
BASIN
COLORADO 
RIVER WATER FOR USE IN THE STATE.— 
(1) IN
GENERAL.—In addition to the 6,411 
AFY 
of 
Project 
water 
described 
in 
section 
6(g)(1)(B), the Secretary is authorized to treat, 
store, and convey up to 12,000 AFY of Navajo Na-
tion Upper Basin Colorado River Water as non- 
Project water, subject to section 10602(h)(1) of the 
Northwestern New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1382) and section 
6(g) for Use in the areas of the State described in 
section 6(g)(1)(D), utilizing Navajo-Gallup Water 
Supply 
Project 
facilities 
described 
in 
section 
10602(b) of the Northwestern New Mexico Rural 
Water Projects Act (Public Law 111–11; 123 Stat. 
1379) (referred to in this section as the ‘‘Project fa-
cilities’’). 
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256 
(2) LIMITATION.—Nothing in this section au-
thorizes the Secretary to extend the Navajo-Gallup 
Water Supply Project within the State, except as au-
thorized by the Northwestern New Mexico Rural 
Water Projects Act (Public Law 111–11; 123 Stat. 
1367), subject to the condition that non-Project fa-
cilities may be constructed, in whole or in part, by 
the Navajo Nation using amounts in the Navajo Na-
tion Water Projects Trust Fund Account. 
(b) INCREASE IN CAPACITY AUTHORIZED.— 
(1) IN GENERAL.—The authorized capacity of 
the Navajo Gallup Water Supply Project described 
in section 10603(b) of the Northwestern New Mex-
ico Rural Water Projects Act (Public Law 111–11; 
123 Stat. 1383) may be increased by up to 12,000 
AFY to allow for Use of Navajo Nation Upper Basin 
Colorado River Water in accordance with subsection 
(a)(1). 
(2) COST OF INCREASED CAPACITY.—Any costs 
associated with constructing and operating the in-
creased capacity authorized by paragraph (1) shall 
be solely borne by the Navajo Nation. 
(c) CONVEYANCE OF NAVAJO NATION UPPER BASIN 
COLORADO RIVER WATER TO THE STATE.—Treatment, 
storage, and conveyance of the water described in sub-
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257 
section (a)(1) shall be subject to the following require-
ments and limitations: 
(1) IMPACTS TO NAVAJO-GALLUP WATER SUP-
PLY PROJECT.— 
(A) DEADLINE.—Any extension to the 
deadline for completion of the Navajo-Gallup 
Water Supply Project, as described in section 
10701(e)(1)(A)(ix) of the Northwestern New 
Mexico Rural Water Projects Act (Public Law 
111–11; 123 Stat. 1400), required due to ef-
forts associated with delivering Navajo Nation 
Upper Basin Colorado River Water to the State 
in accordance with subsection (a)(1) shall re-
quire agreement of the Nation, State of New 
Mexico, and the Secretary as described in sec-
tion 10701(e)(1)(B) of that Act (Public Law 
111–11; 123 Stat. 1400). 
(B) PROTECTIONS FOR PROJECT PARTICI-
PANTS.—The Use of Project facilities for non- 
Project water as provided under this section 
shall comply with the requirements of section 
10602(h)(1) of the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111–11; 
123 Stat. 1382) and this section. 
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258 
(2) APPROVAL OF FINAL DESIGN TO INCREASE 
CAPACITY.—As long as the Bureau retains title to 
the Project facilities that will supply water to areas 
in the State under this Act, the Navajo Nation 
shall— 
(A) obtain approval in writing from the 
Commissioner of Reclamation for the final de-
sign of the connection and related facilities 
needed to connect the extension from the San 
Juan Lateral, including sublaterals and turn-
outs; and 
(B) coordinate construction of the connec-
tion and related facilities with the Commis-
sioner of Reclamation. 
(3) FUNDING.—The funding described in the 
Northwestern New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1367) for the Nav-
ajo-Gallup Water Supply Project shall not be used to 
design, plan, construct, operate, maintain, or repair 
any Project infrastructure in the State of New Mex-
ico or the State to treat, store, and convey the 
12,000 AFY of Navajo Nation Upper Basin Colo-
rado River Water to the State in accordance with 
subsection (a)(1). 
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259 
SEC. 21. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT. 
(a) NO QUANTIFICATION OR EFFECT ON RIGHTS OF 
OTHER INDIAN TRIBES
OR
THE UNITED STATES
ON 
THEIR BEHALF.—Except as provided in paragraph 8.3 of 
the Settlement Agreement, nothing in this Act— 
(1) quantifies or otherwise affects the Water 
Rights, or claims or entitlements to water of any In-
dian Tribe, band, or community, other than the 
Navajo Nation, the Hopi Tribe, or the San Juan 
Southern Paiute Tribe; or 
(2) affects the ability of the United States to 
take action on behalf of any Indian Tribe, nation, 
band, community, or allottee, other than the Navajo 
Nation, the Hopi Tribe and the San Juan Southern 
Paiute Tribe, their Members, Navajo Allottees, Hopi 
Allottees, and Public Domain Allottees. 
(b) NO QUANTIFICATION
OF WATER RIGHTS
OF 
PUBLIC DOMAIN ALLOTTEES.—Nothing in this Act— 
(1) quantifies or adjudicates any Water Right 
or any claim or entitlement to water of a Public Do-
main Allottee, or precludes the United States, acting 
as trustee for Public Domain Allottees, from making 
claims for Water Rights in the State that are con-
sistent with the claims described in Exhibit 
3.1.132B to the Settlement Agreement; or 
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(2) except as provided in subparagraphs 8.2.3, 
8.4.7, and 15.2.3.4 of the Settlement Agreement, af-
fects the ability of the United States to take action 
on behalf of Public Domain Allottees. 
(c) ANTIDEFICIENCY.—Notwithstanding any author-
ization of appropriations to carry out this Act, the United 
States shall not be liable for any failure of the United 
States to carry out any obligation or activity authorized 
by this Act, including all agreements or exhibits ratified 
or confirmed by this Act, if adequate appropriations are 
not provided expressly by Congress to carry out the pur-
poses of this Act. 
(d) NO MODIFICATION OR PREEMPTION OF OTHER 
LAWS.—Unless expressly provided in this Act, nothing in 
this Act modifies, conflicts with, preempts, or otherwise 
affects— 
(1) the Boulder Canyon Project Act (43 U.S.C. 
617 et seq.); 
(2) the Boulder Canyon Project Adjustment Act 
(54 Stat. 774, chapter 643); 
(3) the Act of April 11, 1956 (commonly known 
as the ‘‘Colorado River Storage Project Act’’) (43 
U.S.C. 620 et seq.); 
(4) the Colorado River Basin Project Act (43 
U.S.C. 1501 et seq.); 
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