; (C) that first accrued at any time on or before the enforceability date arising from the taking or acquisition of land or resources of the Tribes for the construction or operation of the Flathead Indian irrigation project; and (D) encompassed within the Damages Report. (4) Certain off-Reservation water rights (A) In general Notwithstanding the confirmation of the water rights of the Tribes described in Appendices 28 and 29 to the Compact, as consideration for recognition of the Tribal Water Right and other benefits described in the Compact and this Act, the Tribes shall relinquish any right, title, or claim to the water rights located within the Flathead basin and described in those appendices. (B) Requirement The water rights described in subparagraph (A) shall be held solely by the State. (b) Enforceability date The waivers and releases of claims under subsection (a) shall take effect on the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) (A) the Montana Water Court has approved the Compact in a manner from which no further appeal may be taken; or (B) if the Montana Water Court is found to lack jurisdiction, the applicable United States district court has approved the Compact as a consent decree from which no further appeal may be taken; (2) all amounts authorized to be appropriated under section 9 have been appropriated; (3) the State has appropriated and paid into an interest-bearing escrow account any payments due to the Tribes as of the date of enactment of this Act under the Compact and this Act; (4) the Tribes have ratified the Compact; (5) the Secretary has fulfilled the requirements of section 6