Klamath Tribes’ Relinquishment of Claims to Sample Clauses

Klamath Tribes’ Relinquishment of Claims to the United States and Retention of Rights. As between the United States and the Klamath Tribes, the relinquishment of claims and retention of rights are limited to the provisions of KBRA Section 15.3.5 and are fully applicable to this Agreement as if set out herein, except with certain adjustments stated in 2.5.1. With regard to the geographic exclusions in KBRA Section 15.3.5.A, if the Tribal claims to water listed in subsection 1.3.1 of this Agreement concerning the area of the Xxxxxxxxxx River drainage above Xxxx Reef and the Sycan River drainage above the mouth of the Sycan Xxxxx are subsequently settled, then the provisions of KBRA Section 15.3.5 and subsection 2.5 of this Agreement are fully applicable to those subsequently settled water claims and the areas encompassed within those same water claims. 2.5.2. This Agreement is "the OPWAS under Section 16.2.1" envisioned in the KBRA, including Section 15.3.5.A. of the KBRA. The nomenclature used in KBRA Section 15.3.5.A.ii, "contests" and "case in the KBA", references how the Tribal Water Rights Claims were organized in the Klamath Adjudication at that time (the administrative phase of the Adjudication). Currently, the Adjudication is before the Klamath County Circuit Court where the Tribal Water Rights Claims are organized by "claim" and the claims have not yet been organized into "cases"; further, "exceptions" in the court process are the functional equivalent of "contests" in the administrative process. For purposes of the relinquishment of rights under KBRA Section 15.3.5.A.ii, the portions of the Tribal Water Rights Claims that are being resolved in this Agreement are the Provisionally Settled Tribal Water Right Claims. 2.5.3. The promise in KBRA Section 15.3.5.A.iii to relinquish “all claims relating to the negotiation, execution, or adoption of this Agreement” applies to this Agreement as well as to the KBRA and KHSA. 2.5.4. The retention of rights by the Klamath Tribes under KBRA Section 15.3.5.B applies fully to this Agreement, and for purposes of this settlement, the phrase "this Agreement" in that KBRA section covers both the usage of the term in the KBRA and the current usage of "this Agreement" in this document. 2.5.5. The events required to occur before the relinquishment of claims under KBRA Section 15.3.5.A and subsection 2.5 of this Agreement are 2.5.6. The tolling provisions of KBRA Section 15.3.5.D apply fully to this Agreement and to the claims that are being relinquished.
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Related to Klamath Tribes’ Relinquishment of Claims to

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