; (4) a failure to provide operation, maintenance, or deferred maintenance for any irrigation system or irrigation project within the Rio San José Stream System; (5) a failure to establish or provide a municipal, rural, or industrial water delivery system on Pueblo Land within the Rio San José Stream System; (6) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on Pueblo Land (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat) within the Rio San José Stream System; (7) a failure to provide a dam safety improvement to a dam on Pueblo Land within the Rio San José Stream System; (8) the litigation of claims relating to any water right of the Pueblos within the Rio San José Stream System; and (9) the negotiation, execution, or adoption of the Agreement (including attachments) and this title. (c) Effective date The waivers and releases described in subsections (a) and (b) shall take effect on the Enforceability Date. (d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsections (a) and (b), the Pueblos and the United States, acting as trustee for the Pueblos, shall retain all claims relating to— (1) the enforcement of, or claims accruing after the Enforceability Date relating to, water rights recognized under the Agreement, this title, or the Partial Final Judgment and Decree entered in the Adjudication; (2) activities affecting the quality of water and the environment, including claims under— (A) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), including claims for damages to natural resources; (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C)