ELR Citation: ELR 20666
No(s). 59 Orig (U.S. Jun 11, 1973)

In a suit to perfect prior water rights of the United States in the Truckee River, an interstate stream, against all upstream users including the states of California and Nevada, the proper forum is the federal district court in Nevada. California cannot be joined as a defendant in such a suit, but this fact is not controlling where an interstate compact removes any conflict between California and the United States with respect to the water rights in dispute, and any conflicts regarding other water uses in that state can be settled in the lower federal courts in California. Because the Supreme Court seeks to exercise original jurisdiction sparingly, it will not exercise that jurisdiction when there is an adequate alternate forum in the lower federal courts.

Counsel for Plaintiff
Erwin N. Griswold, Solicitor General
Department of Justice
Washington, DC 20530

Counsel for Defendant, State of Nevada
Robert F. List, Attorney General
Supreme Court Building
Carson City, NV 89701

Counsel for Defendant, State of California
Evelle J. Younger, Attorney General
6000 State Building
San Francisco, CA 94102

MR. JUSTICE DOUGLAS dissents.