McCarran Amendment (Department of Justice Appropriation Act, 1953) in the United States

McCarran Amendment (Department of Justice Appropriation Act, 1953)

43 U.S.C. § 666 : US Code – Section 666: Suits for adjudication of water rights

This description of the McCarran Amendment (Department of Justice Appropriation Act, 1953) tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning McCarran Amendment (Department of Justice Appropriation Act, 1953)) rather than to the “subchapter” or the “title” of the United States Code.

U.S. Code Citation

43 U.S.C. § 666

U.S. Code Section and Head

• United States Code – Section 666
• Head of the Section:

  Suits for adjudication of water rights

Text of the Section

(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.