; (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 but not limited to 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; provided, however, that the claims herein in section 8(b)(2) are not waived until such time as appropriations for water-related infrastructure for the Upper Delaware and Tributaries Watershed Plan referenced in section 7 herein are paid, and then to the extent of the amount of the appropriations; and (3) all claims against the United States, its agents, or employees. (c) Reservation and Retention of Rights Notwithstanding the waivers and releases set forth above, 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 Agreement; (2) all claims against persons other than the parties to the Agreement for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water (including but not limited to claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking) in the Delaware River Basin; (3) all rights to use and protect water rights acquired after the date of enactment of this Act