cise 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 trib-
al water rights under the Agreement or Original 
Agreement; and 
(B) claims relating to the quality of water 
underlying the Pyramid Lake Indian Reserva-
tion that are related to use of Fish Springs 
water rights (including additional Fish Springs 
water rights) by the Project or the implementa-
tion or operation of the Project in accordance 
with the Agreement or Original Agreement. 
(3) All claims that would impair, prevent, or 
interfere with one or more of the following: 
(A) Implementation of the Project pursu-
ant to the terms of the Agreement or Original 
Agreement. 
(B) Deliveries of water by the Project pur-
suant 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 be-
tween Washoe County and Fish Springs. 
(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 Agree-
ment, 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 Agreement, the Origi-
nal 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 compli-
ance with any permit issued to any wastewater 
treatment or reclamation facility treating waste-
water 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 bene-
fits to the Tribe as set forth in the Agreement, the Origi-
nal 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