; and (iii) maintaining the right of the Tribe to the reasonable and economic use of water for domestic and stock purposes on the Reservation. (B) Consideration of Exhibit E In applying the criteria set forth in subparagraph (A), the Court should consider the Operation Rules governing the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement, as set forth in Exhibit E to the 2007 Agreement, which the Parties agreed on based on consideration of that criteria. (C) Inconsistency of proposed Operation Rules with criteria (i) In general The Court shall not approve the 2007 Agreement if the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A). (ii) Alternative Operation Rules If the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A), the Court may establish an alternate process to allow the Parties to develop alternate Operation Rules that are consistent with that criteria. 13. Miscellaneous provisions (a) Waiver of sovereign immunity by the United States Nothing in this Act waives the sovereign immunity of the United States, except as provided in section 12(a)(2). (b) Other Tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe. (c) Other water rights of United States not adversely affected Nothing in this Act quantifies or diminishes any other water right held by the United States other than as a Downstream Water User. (d) Effect on current law Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Conflict In the event of a conflict between the 2007 Agreement and this Act, this Act shall control. 14. Antideficiency The United States shall not be liable