; (ii) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State that first accrued at any time on or before the enforceability date; (iii) a failure to establish or provide a municipal, rural, or industrial water delivery system on the Reservation; (iv) a failure to provide— (I) for operation, maintenance, or deferred maintenance for the Flathead Indian irrigation project or any other irrigation system or irrigation project; or (II) a dam safety improvement to a dam within the Reservation; (v) the litigation of claims relating to any water right of the Tribes in the State; and (vi) the negotiation, execution, or adoption of the Compact or this Act; (B) reserved under subsections (b) through (d) of section 6 of the settlement agreement for the case entitled Nez Perce Tribe v. Salazar , No. 06cv2239TFH (D.D.C. 2012); (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