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 Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub.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 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, § 208(a)–(c), 66 Stat. 560.) Editorial Notes CODIFICATION Section is comprised of subsections (a) to (c) of sec- tion 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. CHAPTER 16—SALE AND DISPOSAL OF PUBLIC LANDS Sec. 671 to 687b–5. Repealed. Sec. 687c. Alaskan land leases for fur farming; citizen- ship; acreage limitation; period; terms and conditions; laws applicable to mineral re- sources; reservations. 687c–1. Execution of provisions of section 687c; au- thority of Secretary of the Interior. 688 to 700. Repealed. § 671. Repealed. Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789 Section, act Mar. 3, 1891, ch. 561, § 9, 26 Stat. 1099, pro- hibited sale of public lands except under certain condi- tions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating 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. § 672. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029 Section, R.S. § 2353, required public lands, offered at public sale, to be offered in half quarter sections. §§ 673 to 676. Repealed. Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789 Section 673, R.S. § 2354, authorized private sales of all public lands in entire, half, etc., sections. Section 674, R.S. § 2355; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, required a memorandum in connection with application for pur- chase of public land at private sale. Section 675, act May 18, 1898, ch. 344, § 2, 30 Stat. 418, set forth requirements for private sale of public lands in Missouri. Section 676, R.S. § 2365; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, authorized sale of public land to highest bidder at the private sale of land. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789, provided that the repeal made by section 703(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating 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. § 677. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029 Section, R.S. § 2356, related to credit on sales and pay- ment of price. §§ 678 to 682. Repealed. Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789 Section 678, R.S. § 2357, related to acreage price for public lands offered for sale. Section 679, act June 15, 1880, ch. 227, § 3, 21 Stat. 238, related to acreage price for alternate sections of rail- road lands offered for sale.