[Congressional Record Volume 149, Number 57 (Wednesday, April 9, 2003)]
[Senate]
[Page S5083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO (for himself, Ms. Murkowski, Mr. Enzi, Mr. Allard, 
        Mr. Kyl, and Mr. Craig):
  S. 844. A bill to subject the United States to imposition of fees and 
costs in proceedings relating to State water rights adjudications; to 
the Committee on the Judiciary.
  Mr. CRAPO. Mr. President, I rise to introduce the Water Adjudication 
Fee Fairness Act. This bill would require the Federal Government to pay 
the same filing fees and costs associated with state water rights 
adjudications as is currently required of States and private parties.
  To establish relative rights to water--water that is the lifeblood of 
many States, particularly in the West--States must conduct lengthy, 
complicated, and expensive proceedings in water rights' adjudications. 
In 1952, Congress recognized the necessity and benefit of requiring 
Federal claims to be adjudicated in these State proceedings by adopting 
the McCarran Amendment. The McCarran Amendment waives the sovereign 
immunity of the United States and requires the Federal Government to 
submit to State court jurisdiction and to file water rights' claims in 
State general adjudication proceedings.
  These Federal claims are typically among the most complicated and 
largest of claims in State adjudications, and Federal agencies are 
often the primary beneficiary of adjudication proceedings where states 
officially quantify and record their water rights. However, in 1992, 
the United States Supreme Court held that, under existing law, the U.S. 
need not pay fees for processing Federal claims.
  When the United States does not pay a proportionate share of the 
costs associated with adjudications, the burden of funding the 
proceedings unfairly shifts to other water users and often delays 
completion of the adjudications by diminishing the resources necessary 
to complete them. Delays in completing adjudications result in the 
inability to protect private and public property interests or determine 
how much unappropriated water may remain to satisfy important 
environmental and economic development priorities.
  Additionally, because they are not subject to fees and costs like 
other water users in the adjudication, Federal agencies can file 
questionable claims without facing court costs, inflating the number of 
their claims for future negotiation purposes. This creates an unlevel 
playing field favoring the Federal agencies and places a further 
financial and resources burden on the system.
  I recognize the Federal Government has a legitimate right to some 
water rights; however, the Federal Government should play by the same 
rules as the States and other private users. The Water Adjudication Fee 
Fairness Act is legislation that remedies this situation by subjecting 
the United States, when party to a general adjudication, to the same 
fees and costs as State and private users in water rights 
adjudications.
  This measure has the full support of the Western States Water Council 
and the Western Governor's Association. I ask my colleagues to join me 
in supporting water users, taxpayers, the States, and welcome their co-
sponsorship.
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