[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 447 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 447
To subject the United States to imposition of fees and costs in
proceedings relating to State water rights adjudications.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2001
Mr. Crapo (for himself, Mr. Craig, and Mr. Helms) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To subject the United States to imposition of fees and costs in
proceedings relating to State water rights adjudications.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Adjudication Fee Fairness Act
of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Generally, water allocation in the western United
States is based upon the doctrine of prior appropriation, under
which water users' rights are quantified under State law.
Appropriative rights carry designated priority dates that
establish the relative right of priority to use water from a
source. Most States in the West have developed judicial and
administrative proceedings, often called general adjudications,
to quantify and document these relative rights, including the
rights to water claimed by the United States Government under
either State or Federal law.
(2) State general adjudications are typically complicated,
expensive civil court and administrative actions that can
involve hundreds or even thousands of claimants. Such
adjudications give certainty to water rights, provide direction
for water administration, and reduce conflict over water
allocation and water usage. Those claiming and establishing
rights to water are the primary beneficiaries of State general
adjudication proceedings.
(3) The Congress has recognized the benefits of the State
general adjudication system, and by enactment of section 208 of
the Department of Justice Appropriation Act, 1953 (43 U.S.C.
666; popularly known as the ``McCarran Amendment''), required
the United States to submit to State court jurisdiction and to
file claims in State general adjudication proceedings.
(4) Water rights claims by Federal agencies under either
State or Federal law are often the largest or most complex
claims in State general adjudications. However, the United
States Supreme Court, in the case United States v. Idaho, 508
U.S. 1 (1992), determined that the McCarran Amendment does not
require the United States to pay some filing fees simply
because they were misconstrued or perceived to be the same as
costs taxed against all parties.
(5) Since Federal agency water rights claims are among the
most difficult to adjudicate, and since the United States is
not required to pay some fees and costs paid by non-Federal
claimants, the burden of funding adjudication proceedings
unfairly shifts to private water users and State taxpayers.
(6) The lack of Federal Government funding to support State
water rights adjudications in relation to the complexity of the
claims involved has produced significant delays in completion
of many State general adjudications. These delays inhibit the
ability of both the States and Federal agencies to protect
private and public property interests. Also, failure to
complete the final adjudication of claims to water restricts
the ability of resource managers to determine how much
unappropriated water is available to satisfy environmental and
economic development demands.
SEC. 3. LIABILITY OF UNITED STATES FOR FEES AND COSTS IN WATER USE
RIGHTS PROCEEDINGS.
(a) In General.--In any State administrative or judicial proceeding
for the adjudication or administration of rights to the use of water in
which the United States is a party, the United States shall be subject
to the imposition of fees and costs on its claims to water rights under
either State or Federal law to the same extent as a private party to
the proceeding.
(b) Application.--Subsection (a) shall apply to proceedings pending
on or initiated after the date of enactment of this Act, including with
respect to fees and costs imposed in such a proceeding before the date
of the enactment of this Act.
(c) Report to Congress.--The head of any Federal agency that files
or has pending any water rights claim shall prepare and submit to the
Congress, within 90 days after the end of each fiscal year, a report
that identifies--
(1) each such claim filed by the agency that has not yet
been decreed;
(2) all fees and costs imposed on the United States for
each claim identified under paragraph (1);
(3) any portion of such fees and costs that has not been
paid; and
(4) the source of funds used to pay such fees and costs.
(d) Fees and Costs Defined.--In this section, the term ``fees and
costs'' means any administrative fee, administrative cost, claim fee,
judicial fee, or judicial cost imposed by a State on a party claiming a
right to the use of water under either State or Federal law in a State
proceeding referred to in subsection (a).
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