U.S. Code » Title 43 » Chapter CHAPTER 12— RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I–A— RECLAMATION REFORM

43 U.S.C. § 390uu

Waiver of sovereign immunity

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Consent is given to join the United States as a necessary party defendant in any suit to adjudicate, confirm, validate, or decree the contractual rights of a contracting entity and the United States regarding any contract executed pursuant to Federal reclamation law. The United States, when a party to any suit, shall be deemed to have waived any right to plead that it is not amenable thereto by reason of its sovereignty, and shall be subject to judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances. Any suit pursuant to this section may be brought in any United States district court in the State in which the land involved is situated.

Notes of Decisions
Cited in 30 cases (2 in the last 5 years), 1990–2026 · leading case: Orff v. United States, 545 U.S. 596 (2005).
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Orff v. United States, 545 U.S. 596 (2005). · cites it 4× “1271 , 43 U. S. C. §390uu; and hence that they may sue the United States in federal district court for breach of the 1963 contract.”
Sumner Peck Ranch, Inc. v. Bureau of Reclamation, 823 F. Supp. 715 (E.D. Cal. 1993). · cites it 5× “Here, as outlined below, jurisdiction for the breach of contract claim exists concurrently in district court, pursuant to 43 U.S.C. § 390uu, and the Claims Court. Yet this does not change the conclusion that a tort action which “depends wholly upon the government’s alleged…”
Del Puerto Water Dist. v. U.S. Bureau of Reclamation, 271 F. Supp. 2d 1224 (E.D. Cal. 2003). · cites it 3× “§ 1331 , 43 U.S.C § 390uu and the APA, 5 U.S.C. § 701 et seq.”
Friant Water Auth. v. Jewell, 23 F. Supp. 3d 1130 (E.D. Cal. 2014). · cites it 4× “§ 1346 (a)(2); and the Reclamation Reform Act, 43 U.S.C. § 390uu. See Compl. at ¶¶ 38-39.”
United States v. City of Las Cruces, 289 F.3d 1170 (10th Cir. 2002). “The court also dismissed on venue grounds El Paso Water District’s counterclaim against the United States and cross-claim against EBID, unless the Water District timely applied for a transfer to federal district court in Texas.”
Consejo De Desarrollo Economico De Mexicali, AC v. United States, 438 F. Supp. 2d 1207 (D. Nev. 2006). · cites it 8× “) On November 13, 2003, IID filed an amended complaint in California state court to validate the Allocation Agreement pursuant to California law and 43 U.S.C. § 390uu. The validation proceedings in California state court are ongoing but currently stayed pending resolution of…”
Frenchman Cambridge Irrigation Dist. v. Heineman, 974 F. Supp. 2d 1264 (D. Neb. 2013). · cites it 4× “§§ 1331 (federal question jurisdiction), 1346(f) (jurisdiction over quiet title claims against the United States), 1361 (mandamus jurisdiction), 1367a (supplemental jurisdiction), and 43 U.S.C. §§ 390uu (waiver of sovereign immunity for joinder of United States in any suit on a…”
Dalles Irrigation Dist. v. United States, 91 Fed. Cl. 689 (Fed. Cl. 2010). “91 in attorney’s travel expenses, $150 in clerk’s fees, and $13,814.90 in transcript costs.”
In Re Uintah Basin, 2006 UT 19 (Utah 2006). · cites it 3× “" 43 U.S.C. § 390uu (2005) (emphasis added).”
City of Tacoma, Washington v. Bill Richardson, Sec'y, U.S. Dep't of Energy, 163 F.3d 1337 (Fed. Cir. 1998). · cites it 3× “Because the distinct court correctly held that it had jurisdiction over the case pursuant to 43 U.S.C. § 390uu (1994), we affirm. Background On December 31, 1984, Tacoma entered into a twenty-year contract, superseding a similar 1983 contract, to provide WAPA electric energy to…”
Orff v. United States, 358 F.3d 1137 (9th Cir. 2004). · cites it 2× “The farmers argued that all four of their remaining claims therefore arose under the 1963 contract, to which the government’s waiver of sovereign immunity under 43 U.S.C. § 390uu allegedly applied. The court agreed with the farmers that it had jurisdiction to consider these…”
California v. NRG Energy Inc., 391 F.3d 1011 (9th Cir. 2004). “§ 832 ; 43 U.S.C. § 390uu; see also City of Tacoma v.”
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