United States v. Idaho Dept. Of Water Resources, 508 U.S. 1 (1993)

JUSTICE STEVENS, concurring in the judgment.

As the Court points out, ante at 8, before 1985, "fees" comparable to those at issue in this litigation were taxed as "costs" in Idaho. Because I am persuaded that these exactions are precisely what Congress had in mind when it excepted judgments for "costs" from its broad waiver of sovereign immunity from participation in water rights adjudications, I concur in the Court’s judgment.