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43 U.S.C. § 666 — Suits for adjudication of water rights

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 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.

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Stable record: federal_law:legal_authorities:record_usc_8fe8fdddfa2d93d01c983223
Source file: Laws/federal/codes/united-states-code/title-43/section-666-suits-for-adjudication-of-water-rights--497b4db62d.md
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Source location: Title 43, Chapter 15, § 666; chapter-015-appropriation-of-waters-reservoir-sites.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410aaa–76 — Federal reserved water rights

**(a) Reservation of sufficient water** Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994. **(b) Protection of rights reserved** The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with [section 666 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim). **(c) Relinquishment or reduction of rights** Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994. **(d) Specific reservation** The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410aaa–76

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460ccc–8 — Water

**(a) Reservation of rights** Within the conservation area designated by this subchapter, there is hereby reserved a quantity of water sufficient to fulfill the purposes for which the conservation area is established. **(b) Priority date of reservation** The priority date of the water rights reserved in paragraph 11 So in original. Probably should be “subsection”. (a) shall be November 16, 1990, except that as related to rights associated with lands added to the conservation area after November 16, 1990, the priority date shall be the date of enactment of the Act adding such lands to the conservation area. **(c) Protection of rights** The Secretary shall take all steps necessary to protect the water rights reserved by this section, including the filing of a claim for quantification of such rights in any appropriate water adjudication in the courts of the State of Nevada in which the United States is or may be joined and which is conducted in accordance with [section 666 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim). **(d) Effect on previously secured rights** The Federal water rights reserved by this subchapter shall be in addition to any water rights which may have been previously secured by the United States for purposes other than for the conservation area. **(e) Scope and construction of rights** The Federal water rights reserved by this subchapter are specific to the conservation area designated by this subchapter. Nothing in this subchapter shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460ccc–8

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460ddd — Establishment

**(a) In general** In order to conserve, protect, and enhance the riparian and associated areas described in subsection (b) and the aquatic, wildlife, archeological, paleontological, scientific, cultural, recreational, educational, scenic, and other resources and values of such areas, there is hereby established the Gila Box Riparian National Conservation Area (hereafter in this subchapter referred to as the “conservation area”). **(b) Areas included** The conservation area shall consist of the public lands generally depicted on a map entitled “Gila Box Riparian National Conservation Area” dated February 1990, and comprising approximately 20,900 acres. **(c) Map** As soon as practicable after November 28, 1990, a map and legal description of the conservation area shall be filed by the Secretary with the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map shall have the same force and effect as if included in this section. Copies of such map shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior, and in the appropriate office of the Bureau of Land Management in Arizona. **(d) Management of conservation area** (1) The Secretary shall manage the conservation area in a manner that conserves, protects and enhances its resources and values, including the resources and values specified in subsection (a), pursuant to the Federal Land Policy and Management Act of 1976 [[43 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim) et seq.] and other applicable law, including this subchapter. (2) The Secretary shall allo

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460ddd

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460iii–5 — Other laws and administrative provisions

**(a) Other laws** (1) Nothing in this subchapter shall be construed to supersede, limit, or otherwise affect administration and enforcement of the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) or to limit the applicability of the National Trails System Act [[16 U.S.C. 1241](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1241&num=0&edition=prelim) et seq.] to any lands within the conservation area. (2) Except as otherwise specifically provided in this subchapter, nothing in this subchapter shall be construed as limiting the applicability to lands in the conservation area of laws applicable to public lands generally, including but not limited to the National Historic Preservation Act,11 See References in Text note below. the Archaeological Resources Protection Act of 1979 [[16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.], or the Native American Graves Protection and Repatriation Act [[25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.]. (3) Nothing in this subchapter shall be construed as by itself altering the status of any lands that on August 4, 1993, were not managed by the Bureau of Land Management. (4) Nothing in this subchapter shall be construed as prohibiting the Secretary from engaging qualified persons to use public lands within the conservation area for the propagation of plants (including seeds) to be used for vegetative enhancement of the conservation area in accordance with the plan and in furtherance of the purposes for which the conservation area is esta

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460iii–5

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 668dd — National Wildlife Refuge System

**(a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds** (1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the “National Wildlife Refuge System” (referred to herein as the “System”), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility. (2) The mission of the System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans. (3) With respect to the System, it is the policy of the United States that— (A) each refuge shall be managed to fulfill the mission of the System, as well as the specific pu

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 668dd

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8210 — Effect of this chapter

**(a) Water rights** Nothing in this chapter— (1) establishes any express or implied reserved water right in the United States for any purpose; (2) affects any water right in existence on October 30, 2020; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in existence on October 30, 2020, regarding water quality or water quantity. **(b) Authority to acquire water rights or rights to property** Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through [section 8212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8212&num=0&edition=prelim). **(c) State authority** Nothing in this chapter— (1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or (2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife. **(d) Effect on Indian Tribes** Nothing in this chapter abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including— (1) an agreement between the Indian Tribe and the United States; (2) Federal law (including regulations); (3) an Executive order; or (4) a judicial decree. **(e) Adjudication of water rights** Nothing in this chapter diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of [section 666 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim). *

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8210

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2409a — Real property quiet title actions

**(a)** The United States may be named as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest, other than a security interest or water rights. This section does not apply to trust or restricted Indian lands, nor does it apply to or affect actions which may be or could have been brought under sections 1346, 1347, 1491, or 2410 of this title, sections 7424, 7425, or 7426 of the Internal Revenue Code of 1986, as amended ([26 U.S.C. 7424](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7424&num=0&edition=prelim), 7425, and 7426), or section 208 of the Act of July 10, 1952 ([43 U.S.C. 666](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim)). **(b)** The United States shall not be disturbed in possession or control of any real property involved in any action under this section pending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days; and if the final determination shall be adverse to the United States, the United States nevertheless may retain such possession or control of the real property or of any part thereof as it may elect, upon payment to the person determined to be entitled thereto of an amount which upon such election the district court in the same action shall determine to be just compensation for such possession or control. **(c)** No preliminary injunction shall issue in any action brought under this section. **(d)** The complaint shall set forth with particularity the nature of the right, title, or interest which the plaintiff claims in the real property, the circumstances under which it was acquired, and the right, title, or interest claimed by the Unit

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2409a

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 666 — Suits for adjudication of water rights

Page 247 TITLE 43—PUBLIC LANDS §§ 678 to 682 veys and plats of any right of way for a wagon road, railroad, or other highway over and across any reservoir site when in his judgment the pub- lic interests will not be injuriously affected thereby. (Mar. 3, 1899, ch. 427, § 1, 30 Stat. 1233.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, under, and through the public lands and lands in the National Forest Systems. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 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 ac- quiring water rights by appropriation under State law, by purchase, by exchange, or other- wise, 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 ind

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 666

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