[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 183 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
S. RES. 183

Commemorating 50 years of adjudication under the McCarran Amendment of 
                      rights to the use of water.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2003

 Mr. Ensign (for Mr. Campbell) (for himself, Mr. Ensign, Mr. Kyl, Mr. 
 Burns, Mr. Allard, Mr. Crapo, and Mr. Craig) submitted the following 
 resolution; which was referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                               RESOLUTION


 
Commemorating 50 years of adjudication under the McCarran Amendment of 
                      rights to the use of water.

Whereas section 208 of the Department of Justice Appropriation Act, 1953 
        (commonly known as the McCarran Amendment) (43 U.S.C. 666) waived the 
        sovereign immunity of the United States so that it could be joined in 
        comprehensive State general adjudications of the rights to use water;
Whereas in United States v. District Court for Eagle County, 401 U.S. 520, 524 
        (1971), the Supreme Court confirmed that the McCarran Amendment was ``an 
        all-inclusive statute concerning `the adjudication of rights to the use 
        of water of a river system' which . . . has no exceptions and . . . 
        includes appropriative rights, riparian rights, and reserved rights'';
Whereas in Colorado River Water Conservation District v. United States, 424 U.S. 
        800, 819 (1976), the Supreme Court concluded that the concern over 
        ``avoiding the generation of additional litigation through permitting 
        inconsistent dispositions of property . . . is heightened with respect 
        to water rights, the relationships among which are highly 
        interdependent'' and that the ``consent to jurisdiction given by the 
        McCarran Amendment bespeaks a policy that recognizes the availability of 
        comprehensive state systems for adjudication of water rights as the 
        means of achieving these goals'';
Whereas since the passage of the McCarran Amendment, Federal and non-Federal 
        users, along with numerous Western States, have invested millions of 
        dollars in water right adjudications in those States to establish rights 
        to the use of water that will determine priority of use during times of 
        scarcity;
Whereas State water laws in the West have evolved to accommodate instream values 
        such as recreation and environmental needs, while continuing to 
        recognize and protect traditional consumptive uses for the West's cities 
        and farms;
Whereas Federal claims for water have been recognized under both Federal and 
        State laws within State general adjudications, thus enhancing the 
        protection of Federal interests, as well as the certainty and 
        reliability of non-Federal interests, in water in the West;
Whereas the significance of the McCarran Amendment, in providing States with the 
        ability to determine the extent of Federal claims to water resources, 
        has become increasingly apparent as many of the Western States are 
        experiencing a severe and sustained drought, where water supplies for 
        all purposes are severely restricted; and
Whereas now more than ever there is a pressing need to recognize and support the 
        availability of comprehensive systems for quantification of rights to 
        use water in those Western States for all beneficial purposes: Now, 
        therefore, be it
    Resolved, that the Senate--
            (1) reaffirms the policies and principles of the McCarran 
        Amendment that have been recognized by Supreme Court decisions 
        and recognizes that, as a matter of practice, the United States 
        should adhere and defer to State water law; and
            (2) commends Western States that maintain comprehensive 
        systems for the quantification of rights to use water for all 
        beneficial purposes, including environmental protection and 
        enhancement.
                                 <all>