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<br />2130 <br /> <br />to the use of water owned or claimed by the United States." The states oppose <br />the establishment of such an office as it would be an unnecessary and costly <br />duplication of the water right offices already established within the respective <br />states. It would, at best, house an incomplete listing of federal claimed rights <br />which are meaningless, unless considered in conjunction with other water rights <br />already on record in state offices. <br /> <br />III ADJUDICATION <br /> <br />A. The draft bill does not provide citizens with rights based on state law with <br />sufficient notice or opportunity to obtain judicial reviewa <br /> <br />.Section 5 of the draft bill authorized suit against the United States con- <br />cerning the inventoried rights in federal court within three years of publica- <br />tion in the Federal Register. However, with regard to its rights evidenced by <br />a state permit or previously adjudicated, the United States is not amenable to <br />suit. State officials to whom inventories are submitted are authorized to sue <br />as are affected private citizens. An action by a private citizen may be brought <br />if the individual: <br /> <br />". . . has a right to use water, valid under state law, from the <br />same source as the source for the right of the United States to <br />be reviewed if (1) the point of diversion or the place of use <br />for the plaintiff's right is situated wholly or in part in the <br />state to which the inventory listing the challenged right of the <br />United States has been submitted and (2) the priority date for <br />the plaintiff's right is junior to the priority date to the <br />challenged right or the plaintiff's right will be otherwise im- <br />paired by the challenged right." <br /> <br />There are many potential aggrieved parties who do not have adequate opportunity <br />to protect their interests from federal interference under these provisions of <br />the draft bill. First of all, it is doubtful whether suit could be brought by a <br />state official or private person where the diversion by the government is from a <br />tributary of a water source in the official's state which tributary meets the <br />source upstream but not in the same state. For example, a Wisconsin resident <br />with a right to take water from the Mississippi River could not bring an action <br />against the federal government to dispute the government's claimed rights to divert <br />from the Minnesota River, a tributary of the Mississippi existing wholly within <br />Minnesota. The attempt to authorize suit source-by-source rather than by water- <br />shed leaves many potentially affected persons in this same situation. <br /> <br />It is also not clear that suit can be maintained to litigate any claimed <br />rights of the government that are merely claimed and for which the United States <br />has no present intention to take and use the water. A long-standing principle <br />of the federal courts prohibits deciding a controversy before it becomes IIripen <br />for adjudication, i.e., before all the facts are known and all the contingencies <br />that may work to preclude any real controversy have been eliminated. Because the <br />courts decide an issue once and for all time, and because of the possibility <br />the federal government may never exercise its claimed rights in such a way as to <br />interfere with anyone's vested rights, courts may decline to hear such cases at <br />the outset. That a real controversy does not develop until after the three year <br /> <br />(15) <br />