Title 43Public LandsRelease 119-73

§666 Suits for adjudication of water rights

Title 43 › Chapter CHAPTER 15— - APPROPRIATION OF WATERS; RESERVOIR SITES › § 666

Last updated Apr 6, 2026|Official source

Summary

Allows the United States to be sued as a defendant in court cases that decide or manage who can use water from a river or other source when the U.S. owns or is getting those water rights and must be part of the case. By being in the case, the U.S. gives up the right to say state law does not apply or that it cannot be sued because it is the government. The U.S. must follow the court’s orders and can ask for review or appeal like a private person. Courts cannot order the U.S. to pay the other side’s legal costs. Legal papers in these cases must be served on the Attorney General or a designated representative. This does not allow joining the United States in Supreme Court cases about states’ rights to use water from an interstate stream.

Full Legal Text

Title 43, §666

Public Lands — Source: USLM XML via OLRC

(a)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.
(b)Summons or other process in any such suit shall be served upon the Attorney General or his designated representative.
(c)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of subsections (a) to (c) of section 208 of act
July 10, 1952. Subsection (d) of section 208 is omitted as it referred to the limitation on the use of any appropriation in act
July 10, 1952 to prepare or prosecute the suit in the U.S. District Court for the Southern Division of California, by the United States v. Fallbrook Public Utility Corporation.

Reference

Citations & Metadata

Citation

43 U.S.C. § 666

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73