United States of America, plaintiff-appellant, v. Mary Akin et al., defendants-appellees: no. 73-1807

1974

Litigation

West Pub. Co.

St. Paul

Case summary: Court of Appeals reversed dismissal of the action brought by the United States on its own behalf and on behalf of the Southern Ute and the Ute Mountain Ute Indian tribes for adjudication of reserved water rights in the San Juan Basin. The Colorado River Water Conservation District intervened as defendant asserting the McCarran Amendment provides a state court jurisdiction over the United States in suits involving adjudication of water rights and excludes federal courts from assuming jurisdiction. The Court of Appeals rejected the argument and held the United States District Court for the District of Colorado did not lack jurisdiction to hear the action and its abstention was improper.

http://hdl.handle.net/10974/179