New York Appellate Division: Marcano v. Suazo Decision Issued

This ruling carries substantial legal significance for practitioners, particularly those involved in water law and property rights in the Western United States. By affirming the McCarran Amendment's application, even retroactively to previously acquired water rights, the Ninth Circuit has reinforced a critical mechanism for private parties to challenge federal claims or actions impacting water resources. It clarifies that the federal government cannot unilaterally assert immunity in such disputes, thereby ensuring that state-derived water rights can be adjudicated in appropriate forums, whether state or federal. This decision is vital for agricultural businesses, landowners, and environmental groups whose access to water may be affected by federal land management or claims, providing a clearer path for legal recourse.