McCarran Amendment
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McCarran Amendment
The McCarran Amendment, 43 U.S.C. § 666 (1952) is a federal law enacted by the United States Congress in 1952 which waives the United States' sovereign immunity in suits concerning ownership or management of water rights. It amended Chapter 15 (Appropriation of Waters; Reservoir Sites) of Title 43 (Public Lands) of the United States Code. The McCarran Amendment gives others the right to join in such a lawsuit as a defendant. Prior to the Amendment, sovereign immunity kept the United States from being joined in any suits. The Amendment enabled suits concerning federal water rights to be tried in State court (United States), state courts. Text Background While the original amendment specified that state courts only held concurrent jurisdiction in state and federal district courts in water rights adjudication cases under the McCarran Act, the case Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976) specified that all water rights adjudication cases must ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ...
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Colorado River Water Conservation District V
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the eighth most extensive and 21st most populous U.S. state. The 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States census. The region has been inhabited by Native Americans and their ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", the color of the Fountain Formation outcroppings found up and down the Front Range of the Rocky Mountains. The Territory of Colorado was organized on February 28, 1861, and on August 1, 1876, U.S. President Ulysses S. ...
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Water Law In The United States
Water law in the United States refers to the Water resources law laws regulating water as a resource in the United States. Beyond issues common to all jurisdictions attempting to regulate water's uses, water law in the United States must contend with: *Public regulation of waters, including flood control, environmental regulation—state and federal, public health regulation and regulation of fisheries *The interplay of public and private rights in water, which draws on aspects of eminent domain law and the federal commerce clause powers; *Water project law: the highly developed law regarding the formation, operation, and finance of public and quasi-public entities which operate local public works of flood control, navigation control, irrigation, and avoidance of environmental degradation; and *Treaty rights of Native Americans. The law governing these topics derives from all layers of US law. Some derives from common law principles which have developed over centuries, and which e ...
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Test Case
In software engineering, a test case is a specification of the inputs, execution conditions, testing procedure, and expected results that define a single test to be executed to achieve a particular software testing objective, such as to exercise a particular program path or to verify compliance with a specific requirement. Test cases underlie testing that is methodical rather than haphazard. A battery of test cases can be built to produce the desired coverage of the software being tested. Formally defined test cases allow the same tests to be run repeatedly against successive versions of the software, allowing for effective and consistent regression testing. Formal test cases In order to fully test that all the requirements of an application are met, there must be at least two test cases for each requirement: one positive test and one negative test. If a requirement has sub-requirements, each sub-requirement must have at least two test cases. Keeping track of the link between t ...
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Legislative History
Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken. Legislative history is used for discovering sources of information about a legislature's intent in enacting a law, although jurists disagree widely about the extent (if any) to which a statute's legislative history has bearing on the meaning of its text. Sweden Swedish courts frequently avail themselves of the legislative history ( sv, förarbeten, literally "travaux préparatoires") in interpreting the law. Valid documents of legislative history are often taken to be official government reports, the bills (''proposition'') presented by the Swedish government before the Riksdag, statements made by the responsible minister at the government session at which the bill was adopted (''regeringssammanträde''), the report on the bill by the relevant Riksdag ...
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Indian Reservation
An Indian reservation is an area of land held and governed by a federally recognized Native American tribal nation whose government is accountable to the United States Bureau of Indian Affairs and not to the state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This jumble of private and public real estate creates significant administrative, political and legal difficulties. The total area of all reservations is , approximately 2.3% of the total area of the United States and about the size of the state of Idaho. While most reservations are small c ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Indigenous Peoples Of The Americas
The Indigenous peoples of the Americas are the inhabitants of the Americas before the arrival of the European settlers in the 15th century, and the ethnic groups who now identify themselves with those peoples. Many Indigenous peoples of the Americas were traditionally hunter-gatherers and many, especially in the Amazon basin, still are, but many groups practiced aquaculture and agriculture. While some societies depended heavily on agriculture, others practiced a mix of farming, hunting, and gathering. In some regions, the Indigenous peoples created monumental architecture, large-scale organized cities, city-states, chiefdoms, states, kingdoms, republics, confederacies, and empires. Some had varying degrees of knowledge of engineering, architecture, mathematics, astronomy, writing, physics, medicine, planting and irrigation, geology, mining, metallurgy, sculpture, and gold smithing. Many parts of the Americas are still populated by Indigenous peoples; some countries have ...
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McCarran Act
The Internal Security Act of 1950, (Public Law 81-831), also known as the Subversive Activities Control Act of 1950, the McCarran Act after its principal sponsor Sen. Pat McCarran (D-Nevada), or the Concentration Camp Law, is a United States federal law. Congress enacted it over President Harry Truman's veto. It required Communist organizations to register with the federal government. The 1965 U.S Supreme Court ruling in '' Albertson v. Subversive Activities Control Board'' saw much of the act's Communist registration requirement abolished. The emergency detention provision was repealed when the Non-Detention Act of 1971 was signed into law by President Richard Nixon. The act's Subversive Activities Control Board, which enforced the law's provision calling for investigations of persons engaging in "subversive activities," would also be abolished in 1972. Provisions Its titles were I: Subversive Activities Control (Subversive Activities Control Act) and II: Emergency Detention (Eme ...
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Sovereign Immunity
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity. History Sovereign immunity is the original forebear of state immunity based on the classical concept of sovereignty in the sense that a sovereign could not be subjected without his or her approval to the jurisdiction of another. In constitutional monarchies, the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by them as they were created by the sovereign for the protection of his or her subjects. This rule was commonly expressed by the popular legal maxim ''rex non potest peccare'', meaning "the king can do no wrong". Forms There are two forms of sovereign immunity: * immunity from suit ( ...
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Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved. Adjudication can also refer to the processes at dance competitions, in television game shows and at other competitive forums, by which competitors are evaluated and ranked and a winner is found. Legal processes Adjudication may be defined as "the legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a determination. It indicates that the claims of all the parties thereto have been considered and set at rest." In some cases, an applicat ...
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State Court (United States)
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law. Generally, a single judicial officer, usually called a judge, exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials, although most matters stop ...
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