43 U.S.C. § 666 — Suits for adjudication of water rights
submitted 74 years ago by ch. 651 to r/title-43-PUBLIC-LANDS · 263 words · no verdicts yet
This section allows the United States to be joined in certain suits deciding or administering water rights when it is a necessary party. It sets service rules and excludes suits in the Supreme Court between States over interstate streams.
(a) Joining the United States as defendant; costs. The United States consents to being joined as a defendant in a suit to decide or administer rights to use water from a river system or other source when the United States owns or is acquiring water rights by State-law appropriation, purchase, exchange, or another method, and is a necessary party. In such a suit, the United States waives any claim that State law does not apply or that sovereignty protects it from the suit. It is subject to the court's judgments, orders, and decrees and may seek review as a private person could in like circumstances. But the court may not award costs against the United States.
(b) Service of summons. A summons or other process must be served on the Attorney General or the Attorney General's designated representative.
(c) Interstate-stream suits. This section does not authorize joining the United States in a Supreme Court suit or controversy between States about their rights to use an interstate stream.
Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit. The United States, when a party to any such suit, shall (1) be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and (2) shall be subject to the judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances: Provided, That no judgment for costs shall be entered against the United States in any such suit.
Summons or other process in any such suit shall be served upon the Attorney General or his designated representative.
Nothing in this section shall be construed as authorizing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream.
Source credit: (July 10, 1952, ch. 651, title II, § 208(a)–(c), 66 Stat. 560.)
- 1952Enacted · Act of July 10, 1952, ch. 651 · 66 Stat. 560
A history note hasn’t been published yet. The record shows enactment by ch. 651 on 1952-07-10.
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