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<br />003J25 <br /> <br />Position No, 208 <br />Readopted November 20, 1998 <br />(Originally adopted Nov. 17, 1995) <br /> <br />WHEREAS, many of the Western States' general stream adjudication procedures require <br />claimants to pay a fee to offset the states' expenses arising from state general stream <br />adjudications; and <br /> <br />WHEREAS, citing to United States v. Idaho the United states claims immunity from the <br />payment of adjudication filing fees required of all other claimants to offset the state's judicial and <br />administrative expenses in conducting general stream adjudications; and <br /> <br />WHEREAS, for the United States to be immune from sharing in the expenses of these <br />proceedings constitutes an unfunded federal mandate to the states; and <br /> <br />WHEREAS, the United States contends that it cannot be joined in state administrative or <br />judicial proceedings with respect to water rights it has acquired under state law other than <br />pursuant to the McCarran Amendment, 43 U.s,C. ~ 666; and <br /> <br />WHEREAS, it is inefficient and wasteful to require that a separate lawsuit be <br />commenced for the sole purpose of regulating water rights acquired by the United States under <br />state law; and <br /> <br />WHEREAS', the United States claims it is also immune from paying fees to states that <br />are required of all other water users for the appropriation, use or distribution of water; and <br /> <br />WHEREAS, equity and fairness dictate that federal agencies who voluntarily seek to <br />appropriate water pursuant to state law, or who acquire water rights based on state law, should be <br />required to comply with state law, including the payment of fees, to the same extent as all other <br />persons. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that the Western States Water Council <br />supports passage of legislation that at a minimum provides for the following: <br /> <br />1. Requires the federal government to participate in all state administrative and <br />judicial proceedings with respect to water rights it acquires to the same extent as <br />all other persons. <br /> <br />2, Requires the federal government to pay filing fees as well as comply with all other <br />state substantive and procedural water right adjudication laws to the silme extent <br />as all other persons as further described in Position No. 219 adopted by the <br />Council on November 14, 1997, <br /> <br />- 2- <br />