Colorado River Water Conservation District v. United States

424 U.S. 800 (1976)

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Nature of the Case

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Facts

As southwestern populations have grown, conflicting claims over water have increased. To meet these claims, several Southwestern States have established elaborate procedures for the allocation of water and adjudication of conflicting claims to that resource. In 1969, Colorado enacted its Water Rights Determination and Administration Act The State is divided into seven Water Divisions, each Division encompassing one or more entire drainage basins for the larger rivers in Colorado. Water Referees in each Division rule on applications for water rights filed within the preceding five months or refer those applications to the Water Judge of their Division. Colorado applies the doctrine of prior appropriation in establishing rights to the use of water where a party acquires a right to water by diverting it from its natural source and applying it to some beneficial use. Continued beneficial use of the water is required in order to maintain the right. In periods of shortage, priority among confirmed rights is determined according to the date of initial diversion. The reserved rights of the United States extend to Indian reservations and other federal lands, such as national parks and forests. The reserved rights claimed by the United States affect waters within Colorado Water Division No. 7. P instituted this suit in the United States District Court invoking the court's jurisdiction under 28 U.S.C. § 1345. The District Court is located in Denver, some 300 miles from Division 7. P brought suit against some 1,000 water users, Ds. P sought a declaration of P's rights to waters in certain rivers and their tributaries located in Division 7. P asserted reserved rights on its own behalf and on behalf of certain Indian tribes, as well as rights based on state law. It sought the appointment of a water master to administer any waters decreed to P. P was served pursuant to the authority of the McCarran Amendment. Ds then filed a motion in the District Court to dismiss on the ground that under the Amendment, the court was without jurisdiction to determine federal water rights. The District Court granted the motion. The Court of Appeals reversed holding that the suit of P was within district-court jurisdiction under 28 U.S.C. § 1345, and that abstention was inappropriate. The Supreme Court granted certiorari.