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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. IDAHO ex rel. DIRECTOR,
- IDAHO DEPARTMENT OF WATER RESOURCES
- certiorari to the supreme court of idaho
- No. 92-190. Argued March 29, 1993-Decided May 3, 1993
-
- The McCarran Amendment allows a State to join the United States as a
- defendant in a comprehensive water right adjudication. It also
- provides, however, that ``no judgment for costs shall be entered
- against the United States in any such suit.'' Idaho legislation
- enacted in 1985 and 1986 provided for a state-court adjudication
- ``within the terms of the McCarran [A]mendment'' of all water rights
- in the Snake River Basin. The legislation also altered the State's
- methods for financing such adjudications by requiring all water right
- claimants to pay a filing fee. Idaho uses these funds to pay the
- administrative and judicial expenses attributable to water right
- adjudications. After filing a petition under the 1985 and 1986
- legislation naming the United States and all other Snake River water
- users as defendants, the State refused to accept the Federal
- Government's notices of claims because they were not submitted with
- the required filing fees. The United States estimates that in its case
- the fees could exceed $10 million. The United States then filed a
- petition for a writ of mandamus to compel the State to accept its
- notices without fees, asserting that the McCarran Amendment does
- not waive federal sovereign immunity from payment of such fees.
- The State District Court granted Idaho summary judgment on this
- issue, and the State Supreme Court affirmed.
- Held: The McCarran Amendment does not waive the United States'
- sovereign immunity from fees of the kind sought by Idaho. While
- ``fees'' and ``costs'' generally mean two different things in the context
- of lawsuits, the line is blurred, indeed, in the context of this
- proceeding. Whereas Idaho courts used to proportionately tax the
- ``costs'' against all parties to a water right adjudication at the time
- final judgment was entered, many of the items formerly taxed as
- ``costs'' are now denominated as ``fees,'' and required to be paid into
- court at the outset. Moreover, although the Amendment's language
- making ``the State laws'' applicable to the United States submits the
- Government generally to state procedural law, as well as to state
- substantive law of water rights, it does not subject the United States
- to payment of the fees in question. This Court has been particularly
- alert to require a specific waiver of sovereign immunity before the
- United States may be held liable for monetary exactions in litigation.
- See, e.g., United States v. Chemical Foundation, Inc., 272 U. S. 1,
- 20-21. The Amendment's language is not sufficiently specific to meet
- this requirement. Pp. 3-7.
- 122 Idaho 116, 832 P. 2d 289, reversed and remanded.
- Rehnquist, C. J., delivered the opinion of the Court, in which White,
- Blackmun, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ.,
- joined. Stevens, J., filed an opinion concurring in the judgment.
-