RESERVATION OF RIGHTS AND RETENTION OF CLAIMS. The waivers and releases described in Articles 12.1 and 12.2 notwithstanding, the Pueblo on behalf of itself and its members and the United States acting in its capacity as trustee for the Pueblo shall retain all rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to the Settlement Act and the Settlement Agreement, as described in Section 510(c) of the Settlement Act, and in Attachments 16 and 17.
RESERVATION OF RIGHTS AND RETENTION OF CLAIMS. Notwithstanding the waiver and release of claims described in subparagraph (A), the Hualapai Tribe, acting on behalf of the Hualapai Tribe and the members of the Hualapai Tribe, and the United States, act- ing as trustee for the Hualapai Tribe and the members of the Hualapai Tribe (but not members in the capacity of the members as allottees), shall retain any right—
(i) subject to subparagraph 12.7 of the Hualapai Tribe water rights settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Hualapai Tribe water rights settlement agreement or this Act in any Federal or State court of com- petent jurisdiction;
(ii) to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under any judgment or xx- xxxx approving or incorporating the Hualapai Tribe water rights settlement agreement;
(iii) to assert claims for water rights based on State law for land owned or acquired by the Hualapai Tribe in fee, under subpara- graph 4.8 of the Hualapai Tribe water rights settlement agreement;
(iv) to object to any claims for water rights or injury to water rights by or for any Indian Tribe or the United States, acting on behalf of any Indian Tribe;
(v) to assert past, present, or future claims for injury to water rights against any Indian Tribe or the United States, acting on behalf of any Indian Tribe;
(vi) to assert claims for injuries to, and seek enforcement of, the rights of the Hualapai Tribe under the Xxxx Xxxxxxxx agreements or the Xxxx Xxxxxxxx Act in any Federal or State court of competent jurisdic- tion;
(vii) subject to paragraphs (1), (3), (4), and
RESERVATION OF RIGHTS AND RETENTION OF CLAIMS. Notwithstanding the waivers and releases in this Article 14, Ohkay Owingeh and the United States, acting in any capacity, shall retain:
14.6.1. all claims relating to:
14.6.1.1. the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under this Agreement, any final court decree, or the Settlement Act, and;
14.6.1.2. activities affecting the quality of water and the environment, including claims under
RESERVATION OF RIGHTS AND RETENTION OF CLAIMS. 3.1 Notwithstanding the waivers of claims and releases described in Paragraph 2.0, the Parties, other than the WMAT on behalf of itself and its Members and United States acting in its capacity as trustee for the WMAT and its Members, shall retain any right to:
(a) Subject to Subparagraph 16.9 of the Agreement, assert claims for injuries to, and seek enforcement of, their rights under the Agreement or the Act in any State court or Federal court of competent jurisdiction;
(b) Assert claims for injuries to, and seek enforcement of, their rights under the Judgment and Decree entered by the court in the Gila River Adjudication Proceedings, the form of which is attached as Exhibit 12.9.6.1 to the Agreement;
(c) Assert claims for injuries to, and seek enforcement of, their rights under the Judgment and Decree entered by the court in the Little Colorado River Adjudication Proceedings, the form of which is attached as Exhibit 12.9.6.2 to the Agreement;
(d) Assert past, present, and future claims to Surface Water that are not inconsistent with the Agreement;
(e) Assert any claims to Groundwater that are subject to the Gila River Adjudication Proceedings or the Little Colorado River Adjudication Proceedings, or other applicable law;
(f) Assert any claims arising after the Enforceability Date for Injury to Water Rights not specifically waived herein.
3.2 This Waiver and Release of Claims shall not bind the State as to a waiver of rights or release of claims, if any, for lands received by the State from the United States pursuant to the provisions of:
(a) The Act of September 9, 1850, 9 Stat. 446 (creating the Territory of New Mexico);
(b) The December 30, 1853 Treaty with Mexico, 10 Stat. 1031 (the Gadsden Purchase);
(c) The Act of 1863, 12 Stat. 664 (creating the Territory of Arizona);
(d) The Act of February 18, 1881, 21 Stat. 326 (University of Arizona 1881 Grant); and
(e) The Arizona-New Mexico Enabling Act of June 20, 1910, 36 Stat. 557;
(f) The Act of February 20, 0000, x. 000, § 0, 00 Xxxx. 0000 (xxxx for miners’ hospitals for disabled miners within said State).
