between the federal courthouse in Denver and the state courthouse in Division 7 (which potentially created transportation difficulties for the over 1,000 defendants named in the federal suit), and there had been very few proceedings in the federal suit prior to the district court's dismissal. Brennan held that when all these factors were taken into account, the district court ruled correctly in dismissing the suit. Dissenting opinions Justice Stewart's dissent Justice Stewart agreed with the majority that the McCarran Amendment did not diminish the federal courts' jurisdiction, and that the conventional doctrines of abstention were not implicated here. He disputed the majority's comparison of this suit to an in rem action, because a rule creating exclusive jurisdiction for the first court to take control of the property only applies when exclusive control of the property in question is required. In the litigation of water rights, where actual administration or control of a river was not being determined, this rule was clearly unnecessary. Additionally, Stewart reasoned that dismissal of the federal suit was unnecessary because the rights the federal government sought to uphold were different from those being litigated in the state courts. Specifically, the federal suit was about rights the federal government had previously reserved, rather than rights based on the prior appropriation doctrine. Finally, Stewart gave two more reasons not to dismiss the federal suit: issues of federal law were involved, as were the rights of Native American tribes (who were typically free of state jurisdiction). Justice Stevens' dissent Justice Stevens also added a brief dissenting opinion. He felt that the majority was unfairly shrinking the scope of federal jurisdiction, and that it was anomalous to forbid the federal government the right to a federal forum. He urged the affirmation of the opinion of the Tenth Circuit. See also List of United States Supreme Court cases, volume 424 Abstention doctrine Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 (1983) References External links United States Constitution Article Three case law United States Supreme Court cases United States Supreme Court cases of the Burger Court United States abstention case law 1976 in the environment 1976 in United States case law United States water case law