; and (3) all claims against the State of Kansas, its agencies, or employees. (b) Claims by the tribe against the United States The Tribe, on behalf of itself and its members and allottees, as part of the performance of the obligations of the Tribe under the Settlement Agreement and this Act, agrees to execute a waiver and release of the following: (1) All claims against the United States, its agents, or employees relating to claims for water rights in or water of the Delaware River Basin that the United States acting in its capacity as trustee for the Tribe asserted or could have asserted in any proceeding. (2) All claims against the United States, its agents, or employees relating to damages, losses, or injuries to water, water rights, land or natural resources due to the loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to the loss of water or water rights, claims relating to interference with, diversion, or taking of water or water rights, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) in the Delaware River Basin that first accrued at any time up to and including the enforcement date, except such claims are not waived until such time as appropriations for water related infrastructure for the Upper Delaware and Tributaries Watershed Plan referenced in section 7 are paid, and then to the extent of the amount of the appropriations. (3) All claims against the United States, its agents, or employees. (c) Reservation and retention of rights Notwithstanding the waivers and releases described in this section, the Tribe on behalf of itself and its members and allottees, and the United States acting in its capacity as trustee for the Tribe and its members and allottees, retain— (1) all claims for enforcement of the Settlement Agreement