; (3) a final judgment and decree approving the 2007 Agreement, including Operation Rules, and binding all parties to the action has been entered by the Court, and all appeals have been exhausted; (4) all of the amounts authorized to be appropriated under section 7(a) have been appropriated and deposited in the designated accounts; and (5) the waivers and releases under section 10(a) have been executed by the Tribe and the Secretary. 12. Binding effect; judicial approval; enforceability (a) In general (1) Lawsuit 1 or more Parties may file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement, provided that no such suit shall be filed until after— (A) the Tribe has confirmed that the Phase I Reservoir will be sited at the location described in section 3.4.B.(1) of the 2007 Agreement and that Exhibit E governs operation of the Phase I Reservoir; or (B) the Tribe has selected a substitute site for the Phase I Reservoir pursuant to section 3.4.B.(2)(a) of the 2007 Agreement and— (i) the Parties have agreed on Operation Rules and the Secretary has executed the 2007 Agreement