William O. Douglas

“ The consent to join the United States 'in any suit (1) for the adjudication of rights to the use of water of a river system or other source' would seem to be all-inclusive. We deem almost frivolous the suggestion that the Eagle and its tributaries are not a 'river system' within the meaning of the Act. No suit by any State could possibly encompass all of the water rights in the entire Colorado River which runs through or touches many States. The 'river system' must be read as embracing one within the particular State's jurisdiction. ”

“ We affirm the Colorado decree.
It is clear from our cases that the United States often has reserved water rights based on withdrawals from the public domain. As we said in Arizona v. California, 373 U.S. 546, 83 S.Ct. 1468, 10 L.Ed.2d 542, the Federal Government had the authority both before and after a State is admitted into the Union 'to reserve waters for the use and benefit of federally reserved lands.' Id., at 597, 83 S.Ct. at 1496. The federally reserved lands include any federal enclave. In Arizona v. California we were primarily concerned with Indian reservations. ”

“ With that to one side, the first clause of § 666 (a) (1) , read literally, would seem to cover this case for 'rights to the use of water of a river system' is broad enough to embrace 'reserved' waters. ”