
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.


                    Federal Rules of Civil Procedure

    Service of summons upon the United States, see Rule 4, Title 28, 
Appendix, Judiciary and Judicial Procedure.


                            Cross References

    Costs against the United States, see section 2412 of Title 28, 
Judiciary and Judicial Procedure.

                  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.
