; retention of claims (a) Claims by the Tribe and its Members and Allottees and the United States on Behalf of the Tribe and its Members and Allottees In return for recognition of the Tribal water right and other benefits set forth in the Settlement Agreement and this Act, including the commitments of the other parties hereto, 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 agree to execute a waiver and release of claims against the other parties to the Settlement Agreement from— (1) all claims for water rights in the Delaware River Basin that the Tribe or the United States acting in its capacity as trustee for the Tribe asserted or could have asserted in any proceeding up to and including the date the Settlement Agreement becomes effective, except to the extent such rights are recognized in the Settlement Agreement; (2) all claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking) in the Delaware River Basin that accrued at any time up to and including the effective date