S-1343.1 _______________________________________________
SENATE JOINT MEMORIAL 8014
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State of Washington 54th Legislature 1995 Regular Session
By Senators Fraser, Morton, Winsley and Rasmussen
Read first time 02/03/95. Referred to Committee on Energy, Telecommunications & Utilities.
TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:
We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
WHEREAS, Congress traditionally has deferred to state regulation of water; and
WHEREAS, Congress enacted the McCarran Amendment, 43 U.S.C. Sec. 666, to allow the joinder of the United States in state general stream adjudications; and
WHEREAS, Congress intended the United States to be subject to the same procedures as all other water users joined in state stream adjudications; and
WHEREAS, Many of the western states' general stream adjudication procedures require claimants to pay a fee to offset a part of the state's expenses arising from state general stream adjudications; and
WHEREAS, Many of the western states are conducting general stream adjudications in state courts for the purpose of quantifying all water right claims in accordance with the McCarran Amendment; and
WHEREAS, The United States is a large claimant of water rights in these general stream adjudications; and
WHEREAS, The Unites States often provides legal representation of Indian tribes claiming reserved rights in state general stream adjudications, and these rights stem from agreements with the United States; and
WHEREAS, The adjudication of federal and Indian water right claims takes a great deal of the state courts' and state water rights agencies' time, effort, and resources; and
WHEREAS, In some instances, federal agencies have promised financial support to states in these adjudications which the western states have included in their budgets; and
WHEREAS, The United States has in the past paid adjudication filing fees in some western states; and
WHEREAS, The United States Supreme Court interpreted the McCarran Amendment as not waiving the United States' sovereign immunity to payment of state adjudication fees; and
WHEREAS, This suit by the federal government is contrary to Congress's intent to subject the United States to state adjudication procedures and to promises and assertions made by various federal officials to provide financial assistance to states for the conduct of the adjudication; and
WHEREAS, Equity and fairness dictate that the United States share the financial burden borne by other claimants and the state in funding these adjudications;
NOW, THEREFORE, Your Memorialists respectfully pray that Congress require federal agencies to pay state adjudication fees to the same extent as required of other claimants; and
BE IT RESOLVED, That Congress require the Bureau of Indian Affairs to pay state adjudication fees for Indian reserved claims to the same extent as required by other claimants; and
BE IT FURTHER RESOLVED, That Your Memorialists urge Congress to appropriate moneys for payments to states that have incurred costs as a result of federal or Indian reserved claims or objections to private claims in a state general stream adjudication for services that the respective states have provided to the federal government in quantifying its water rights.
BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.
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