§ 666. — Suits for adjudication of water rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC666]
TITLE 43--PUBLIC LANDS
CHAPTER 15--APPROPRIATION OF WATERS; RESERVOIR SITES
Sec. 666. Suits for adjudication of water rights
(a) Joinder of United States as defendant; costs
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) Service of summons
Summons or other process in any such suit shall be served upon the
Attorney General or his designated representative.
(c) Joinder in suits involving use of interstate streams by State
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.
(July 10, 1952, ch. 651, title II, Sec. 208(a)-(c), 66 Stat. 560.)
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.
Section Referred to in Other Sections
This section is referred to in title 16 sections 410aaa-76, 460ccc-
8, 460ddd, 460iii-5, 668dd; title 28 section 2409a.
