§666 — Title 43 Public Lands | U.S. Code

Summary

Allows the United States to be sued as a defendant in cases that decide or manage who may use the water of a river system or other source when the United States owns or is getting those water rights and must be part of the case. The United States gives up claims of immunity, must follow court orders and can appeal like a private person, but the court may not order the United States to pay the other side’s costs. Legal papers must be served on the Attorney General or their representative. This does not let the United States be joined in Supreme Court disputes between States over interstate streams.

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.

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.

§666 Suits for Adjudication of Water Rights

Summary

Title 43, §666

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata