; 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 Agreement and this Act, including but not limited to 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 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 Agreement becomes effective, except to the extent such rights are recognized in the Agreement; (2) all claims 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 that accrued at any time up to and including the effective date; 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 Agreement and this Act, agrees to execute a waiver and release of— (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