Laserfiche WebLink
<br />OJ3J24 <br /> <br />Position No, 208 <br />Readopted November 20, 1998 <br />(Originally adopted Nov. 17. 1995) <br /> <br />RESOLUTION <br />of the <br />WESTERN STA TES WATER COUNCIL <br />URGING CONGRESS TO REAFFIRM ITS DEFERENCE TO STATE WATER LAW, <br />PROVIDE FOR THE WAIVER OF THE UNITED STATES' IMMUNITY TO <br />PARTICIPATION IN STATE ADMINISTRATIVE AND JUDICIAL PROCEEDINGS, <br />AND PROVIDE FOR PAYMENT OF FEES REQUIRED BY STATE LAW <br /> <br />WHEREAS, water is the lifeblood of each of the arid Western States, the allocation of <br />which determines the future of each Western State's economic, environmental, social and <br />cultural fortunes; and <br /> <br />WHEREAS, each Western State has developed comprehensive systems for the <br />appropriation, use and distribution of water tailored to its unique physiographic, hydrologic and <br />climatic conditions found within that state; <br /> <br />WHEREAS, the United States does not have a water management system that is <br />equivalent to those of the Western States for the appropriation, use or distribution of water; and <br /> <br />WHEREAS, Congress has consistently recognized the primacy of state water law <br />because of the need for comprehensive water management systems tailored to the unique needs <br />and characteristics of the individual states; and <br /> <br />WHEREAS, Congress enacted the McCarran Amendment, 43 U.S,C. g 666, to allow the <br />joinder of the United States in state general stream adjudications, and Congress intended the <br />United States to be subject to the same procedures as all other water right claimants joined in <br />state general stream adjudications; and <br /> <br />WHEREAS, many of the Western States are conducting general stream adjudications for <br />the purpose of quantifYing all water right claims in accordance with the McCarran Amendment; <br />and <br /> <br />WHEREAS, the United States is often the largest claimant of water rights in these <br />general stream adjudications, and the adjudication of federal water right claims requires a large <br />commitment of time, effort and resources by the state courts and by state agencies; and <br /> <br />WHEREAS, the adjudication of water rights claims is absolutely essential for the orderly <br />allocation of water in all the Western States where state law is based on the prior appropriation <br />doctrine; and <br /> <br />~v <br />I <br />