Amended in Assembly May 18, 2015

Amended in Assembly April 30, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1390

Introduced by Assembly Members Alejo begin insert , Gomez, end insert and Perea

(Principal coauthors: Assembly Members Bigelow, Gray, Olsen, and Salas)

(Principal coauthors: Senators Cannella begin insert , Hueso, end insert and Vidak)

(Coauthors: Assembly Members Cooley, Cooper, Eggman, Frazier, begin insert Gallagher, end insert Ridley-Thomas, begin delete and Wilk end delete begin insert Wilk, and Wood end insert )

(Coauthors: Senators Fuller, Galgiani, and Nielsen)

February 27, 2015

An act to add Chapter 7 (commencing with Section 830) to Title 10 of Part 2 of the Code of Civil Procedure, relating to groundwater.

LEGISLATIVE COUNSEL’S DIGEST

AB 1390, as amended, Alejo. Groundwater: adjudication.

The California Constitution requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable. Under the Sustainable Groundwater Management Act, which applies to all groundwater basins in the state, all basins designated as high- or medium-priority basins by the Department of Water Resources as basins that are subject to critical conditions of overdraft, as specified, are required to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020.

This bill would establish special procedures for an adjudication action, which is defined as an action filed in superior court to determine the rights to extract groundwater within a basin or store water from a basin, as specified. The bill would authorize the court to determine all rights to groundwater in a basin whether based on appropriation, overlying right, or other basis of right. The bill would require these special procedures to govern all adjudication actions except in specified cases not involving allocation of a basin’s groundwater supply.

This bill would require a complaint filed in an adjudication action to name certain defendants, including all counties or cities that provide water service and overlie the basin in whole or in part, and to be served and published in a specified manner. The bill would require the complaint to be accompanied by a draft notice and draft form answer, as specified, and would require the court to hold a preliminary hearing within 180 days of the filing of the complaint to determine if the action should proceed to comprehensively determine groundwater rights in the basin in accordance with the special procedures for adjudication actions. If the court makes that determination, based on a finding that at least one of 4 specified conditions is met, the bill would require the court to issue an order declaring the case an adjudication action and authorizing the service of the landowners of the basin. After the court order authorizing service of the landowners of the basin, the bill would require the plaintiff to file an ex parte application seeking court approval of the draft notice and draft form answer filed with the complaint. If the court approves the draft notice and draft form answer, the bill would require the assessor or assessors of the county or counties in which the basin to be adjudicated lies to include the court-approved notice and form answer with the next property tax bill sent to each landowner in the basin. The bill would require the plaintiff to reimburse the assessor or assessors for the costs of including the court-approved notice and form answer with the property tax bills and, after those materials have been included with the property tax bills, would require the plaintiff to file a declaration under penalty of perjury with the court attesting to the completion of the mailing. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would deem fulfillment of the service and publication provisions as effective service of process of the complaint and notice on all interested parties of the adjudication action for purposes of establishing in rem jurisdiction and the comprehensive effect of the adjudication action.

This bill would authorize the court to convene an initial case management conference within 60 days of completion of service of the complaint and notice, as described above, after which the court could divide the adjudication action into phases. The bill would require the court to define the scope of any phase of the adjudication action by written order and would provide that the court’s discretion is not limited in ordering as many phases as the court deems appropriate for the expeditious and appropriate resolution of competing claims to the groundwater basin. In a phase of an adjudication action, the bill would require discovery to be strictly limited to the scope of the phase and would authorize the court to issue a written statement of decision at the completion of each phase. In addition, the bill would require each party to make, under penalty of perjury, specified initial disclosures within 60 days after the initial case management conference, except a plaintiff would be required to make the initial disclosures at the time it files the complaint. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would authorize the court to appoint a special master in an adjudication action, and would provide that the special master’s duties could include, among other things, initiating a technical committee to conduct joint factfinding regarding the basin and would require the special master to compile a technical report of the findings, as specified. On or before January 1, 2017, the bill would require the Department of Water Resources to establish and maintain a list of individuals who may serve as special masters in adjudication actions and would prescribe the experience needed for an individual to be placed on the list.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 7 (commencing with Section 830) is
added to Title 10 of Part 2 of the Code of Civil Procedure, to read:

 

Chapter  7. Actions Relating to Groundwater Rights

 

Article 1.  General Provisions

 

830.  

(a) The Legislature finds and declares all of the following:

(1) Diverse economic, environmental, and social interests are
implicated by sustainable groundwater management.

(2) Efficient resolution of conflicts concerning the right to use
and manage groundwater will promote beneficial use of the waters
of the state consistent with Section 2 of Article X of the California
Constitution, the state water policies mandated in Chapter 1
(commencing with Section 100) of Division 1 of the Water Code,
and as intended by the Sustainable Groundwater Management Act
(Part 2.74 (commencing with Section 10720) of Division 6 of the
Water Code).

(3) Previous groundwater adjudication actions have taken more
than a decade before issuance of a final judgment by the court in
an adjudication action.

(4) In light of the scope and complexities of groundwater
adjudication actions, the state’s welfare will be promoted by the
development of specially tailored legal procedures to efficiently
process groundwater adjudication actions.

(b) It is the intent of the Legislature to do all of the following:

(1) Develop procedures to provide a more streamlined and
expeditious groundwater adjudication process, while at the same
time fully respecting established principles of water rights law and
providing participants appropriate due process.

(2) Establish procedures by which courts may conduct
comprehensive determinations of all rights to groundwater in a
basin.

(3) Encourage early resolution of groundwater rights disputes.

(4) Substantially reduce the time and expense of groundwater
adjudications, while ensuring fair procedures to protect all parties’
rights to groundwater.

(5) Ensure the judicial process is not used to unnecessarily delay
or thwart the goal of managing groundwater in a sustainable
manner.

(6) Reduce the burdens placed on the judiciary under the current
adjudication process.

830.5.  

For purposes of this chapter, the following definitions
apply:

(a) “Adjudication action” means an action filed in superior court
to determine the rights to extract groundwater within a basin or
store water from a basin, including, but not limited to, begin delete actions end delete begin insert an
action end insert to quiet title respecting rights to extract or store groundwater
or an action brought to impose a physical solution on a basin.

(b) “Basin” means a groundwater basin or subbasin identified
pursuant to Section 839.

(c) “Bulletin 118” means the department’s report entitled
“California’s Groundwater: Bulletin 118” updated in 2003, as it
may be subsequently updated or revised.

(d) “Complaint” means a complaint filed in superior court to
determine rights to extract groundwater and includes any
cross-complaint that initiates an adjudication action in response
to a plaintiff’s complaint or other cross-complaint.

(e) “Department” means the Department of Water Resources.

(f) “Groundwater” means water beneath the surface of the earth
within the zone below the water table in which the soil is
completely saturated with water, but does not include water that
flows in known and definite channels.

(g) “Groundwater extraction facility” means a device or method
for extracting groundwater from within a basin.

(h) “Groundwater recharge” means the augmentation of
groundwater, by natural or artificial means.

(i) “Person” includes, but is not limited to, counties, local
agencies, state agencies, federal agencies, tribes, business entities,
and individuals.

(j) “Plaintiff” means the person filing the complaint initiating
an adjudication action and includes a cross-complainant who
initiates an adjudication action by cross-complaint.

(k) “Sustainable Groundwater Management Act” means the
provisions of Part 2.74 (commencing with Section 10720) of
Division 6 of the Water Code.

831.  

(a) This chapter establishes special procedures for an
adjudication action. This chapter shall not alter groundwater rights
or the law concerning groundwater rights. The other provisions of
this code apply to procedures in an adjudication action to the extent
they do not conflict with the provisions of this chapter.

(b) In an adjudication action subject to this chapter, the court
may determine, in the proceedings provided for in this chapter, all
rights to groundwater in a basin whether based on appropriation,
overlying right, or other basis of right.

(c) The court’s final judgment in an adjudication action, as to
the right to groundwater of each party, may declare the priority,
amount, purposes of use, extraction location, and place of use of
the water, together with appropriate injunctive relief, subject to
terms adopted by the court to implement a physical solution in the
adjudication action.

(d) The procedures of this chapter shall govern all adjudication
actions, unless the court finds either of the following, in which
case the action shall proceed in accordance with other provisions
of law:

(1) The action concerns only claims that the operation of a
party’s groundwater extraction facility is interfering with the
physical availability of groundwater to one or more other parties’
groundwater extraction facility or facilities and does not involve
an allocation of the basin’s groundwater supply.

(2) The action concerns only claims to extract, or to prevent
interference with extractions of, a specific source of groundwater
recharge and does not involve an allocation of the basin’s
groundwater supply.

(e) In implementing this chapter and applying the other
provisions of this code in an adjudication action, the court should
expedite resolution of the adjudication action and, where a
groundwater sustainability plan is required pursuant to the
Sustainable Groundwater Management Act, the court should
encourage the parties to cooperatively develop a groundwater
sustainability plan that may serve as the basis of a stipulated
judgment setting forth a physical solution for management of the
basin.

 

Article 2.  Commencement of Action

 

832.  

(a) Unless a court orders otherwise for good cause, the
complaint in an adjudication action shall name all of the following
persons as defendants:

(1) All counties or cities that provide water service and overlie
the basin in whole or in part.

(2) All general or special districts empowered to manage or
replenish groundwater resources of the basin in whole or in part.

(3) The operator of a public water system that uses groundwater
from the basin to supply water service.

(4) The operator of a state small water system that uses
groundwater from the basin to supply water service.

(b) Within 30 days of the filing of the complaint, all of the
following shall occur:

(1) The plaintiff shall serve the complaint on all persons named
as defendants pursuant to subdivision (a) in the manner prescribed
by Article 3 (commencing with Section 415.10) of Chapter 4 of
Title 5.

(2) The plaintiff shall publish notice of the complaint pursuant
to Section 6066 of the Government Code.

(3) The plaintiff, or its representative, shall personally appear
at a meeting of the board of supervisors of each county overlying
the basin at least in part, and announce that the plaintiff has filed
the adjudication action and where copies of the complaint may be
obtained.

(4) The court shall allow any person to intervene in the
adjudication action upon an ex parte application that demonstrates
that the person holds fee simple ownership in a parcel in the basin.
A person filing the ex parte application shall give notice to the
plaintiff consistent with the California Rules of Court.

832.5.  

(a) Within 180 days of the filing of a complaint to
adjudicate groundwater rights, the court shall conduct a preliminary
hearing to determine if the action should proceed to
comprehensively determine groundwater rights in the basin in
accordance with this chapter. At the preliminary hearing the court
may hear expert or lay testimony and the plaintiff shall demonstrate
one of the following:

(1) There is substantial evidence that declining groundwater
levels may cause an undesirable result in the basin.

(2) The court cannot provide adequate relief among the potential
claimants to a groundwater right in the basin subject to the
adjudication action unless the adjudication action is completed.

(3) The parties sufficient to comply with Section 847 have
agreed to a proposed judgment in the adjudication action.

(4) Consistent with Section 2 of Article X of the California
Constitution, the interests of groundwater rights holders will be
expeditiously and effectively served by the completion of the
adjudication action.

(b) If, after the preliminary hearing, the court finds that any
condition described in paragraphs (1) to (4), inclusive, of
subdivision (a) is met, the court shall issue an order declaring that
the case is an adjudication action subject to this chapter and
authorizing service of landowners in accordance with Section 833.

(c) If, after the preliminary hearing, the court finds that no
condition described in paragraph (1) to (4), inclusive, of
subdivision (a) is met, the court shall either dismiss the adjudication
action without prejudice, or find that the action is not subject to
this chapter under Section 831 and permit the action to proceed
pursuant to the other provisions of this code.

(d) Before the preliminary hearing the court may allow expedited
discovery consistent with this chapter. The court shall actively
manage the expedited discovery to prevent delays in order to
enable, to the greatest extent possible and pursuant to Section 833,
service of landowners through the next mailing of property tax
bills within the basin.

833.  

(a) Together with the filing of the complaint, the plaintiff
shall file both of the following:

(1) A draft notice titled “NOTICE OF COMMENCEMENT OF
GROUNDWATER BASIN ADJUDICATION” in no less than
20-point font and the following text printed immediately below
the draft notice title in no less than 14-point font:

“THIS NOTICE IS IMPORTANT. ANY RIGHTS YOU CLAIM
TO PUMP OR STORE GROUNDWATER FROM THE BASIN
IDENTIFIED IN THIS NOTICE MAY BE AFFECTED BY A
LAWSUIT INITIATED BY THE COMPLAINT SUMMARIZED
BELOW.

A copy of the complaint may be obtained by contacting the
plaintiff or the plaintiff’s attorney identified in this notice. If you
claim rights to pump or store groundwater within the basin, either
now or in the future, you may become a party to this lawsuit by
filing an answer to the lawsuit on or before the deadline specified
in this notice by completing the attached form answer and filing
it with the court indicated in this notice and by sending a copy of
the form answer to the plaintiff or the plaintiff’s attorney.

Failing to participate in this lawsuit could have a significant
adverse effect on any right to pump or store groundwater that you
may have. You may seek the advice of an attorney in relation to
this lawsuit. Such attorney should be consulted promptly. A case
management conference in this groundwater basin adjudication
proceeding shall occur on the date specified in this notice. If you
intend to participate in the groundwater adjudication proceeding
to which this notice applies, you are advised to attend the initial
case management conference in person or have an attorney
represent you at the initial case management conference.

Participation requires the production of all information regarding
your groundwater use. You must provide this information by the
date identified in this notice.

A form answer is provided for your convenience. You may fill
out the form answer and file it with the court. Should you choose
to file the form answer, it will serve as an answer to all complaints
and cross-complaints filed in this case.”

(2) (A) A draft form answer titled “ANSWER TO
ADJUDICATION COMPLAINT” in no less than 20-point font
and the following text printed immediately below the draft form
answer title in no less than 14-point font:

“The undersigned denies all material allegations in the complaint
or cross-complaint in this action that seeks to adjudicate rights in
the groundwater basin and asserts all applicable affirmative
defenses to that complaint.”

(B) Notwithstanding any other law, the filing of an answer in
the form described in subparagraph (A) in an adjudication action
is sufficient to put at issue all material allegations and applicable
affirmative defenses to the complaint in the adjudication action.
If a party intends to seek adjustment of the basin’s boundaries, it
shall disclose that intention in the form answer described in
subparagraph (A).

(b) The draft notice described in paragraph (1) of subdivision
(a) shall include the following information immediately following
the text described in paragraph (1) of subdivision (a):

(1) The name of the basin that is the subject of the adjudication
action.

(2) A space to be completed with the case number assigned to
the adjudication action, and the name and address of the court and
department to which the action is assigned.

(3) The name, address, telephone number, and email address of
the plaintiff, or plaintiff’s attorney, from which the complaint may
be obtained.

(4) A space to be completed with a date upon which the court
will hold a case management conference. The court shall determine
the date for the case management conference.

(5) The date an answer must be filed with the court.

(6) A summary of the causes of action alleged in the complaint
and the relief sought. The summary shall not exceed 25 lines.

(c) Within 15 days of a court order authorizing service of
landowners pursuant to this section, the plaintiff shall file an ex
parte application that seeks the court’s approval of plaintiff’s draft
notice and draft form answer filed pursuant to subdivision (a). The
plaintiff shall give at least 24 hours’ notice of the hearing on the
ex parte application to all parties identified in subdivision (a) of
Section 832 and any other party the plaintiff has served. The
plaintiff’s notice of the ex parte application shall include a copy
of the draft notice and draft form answer filed pursuant to
subdivision (a).

(d) Once the court approves the draft notice, the draft notice
shall substitute for the summons otherwise provided for in civil
actions pursuant to Section 412.20.

(e) Following a court order authorizing service of landowners
pursuant to this section, the plaintiff shall identify, as expeditiously
as possible and using the records of the assessor or assessors of
the county or counties in which the basin to be adjudicated lies,
the names and addresses of all holders of fee title to real property
within the basin. The plaintiff shall provide the court and all parties
notice of its acquisition of, or sufficient access to, this information.
Upon receipt of the court order authorizing service of landowners
pursuant to this section and the plaintiff’s draft notice and draft
form answer, as approved by an order of the court, the assessor or
assessors shall include the court-approved notice and form answer
with the next property tax bill sent to each landowner in the basin.
The plaintiff shall reimburse the assessor or assessors for the costs
of including the court-approved notice and form answer, unless
otherwise ordered by the court. The assessor or assessors may
appear at any court proceeding concerning the costs associated
with including the court-approved notice and form answer with
the property tax bills.

(f) After the assessor or assessors include the court-approved
notice and form answer with the property tax bills pursuant to
subdivision (e), the plaintiff shall file with the court a declaration
under penalty or perjury attesting to the completion of the mailing.

(g) Notwithstanding any other law, the fulfillment of the service
provisions of this section, the publication provisions of paragraph
(2) of subdivision (b) of Section 832, and the remaining service
and notice provisions of this chapter shall be deemed effective
service of process of the complaint and notice on all interested
parties of the adjudication action for purposes of establishing in
rem jurisdiction and the comprehensive effect of the adjudication
action.

834.  

Within 15 days of the service of a complaint against or
by a local agency in an adjudication action, and upon the motion
of any party, the court shall either transfer the adjudication action
for all purposes to a neutral county or request the chairperson of
the Judicial Council to assign a disinterested judge from a neutral
county to hear the adjudication action for all purposes. For purposes
of this section, “local agency” has the same definition as that term
is defined in subdivision (m) of Section 10721 of the Water Code.

835.  

In an adjudication action there may only be two
disqualifications of judges pursuant to Section 170.6,
notwithstanding the provisions of Section 170.6 concerning sides
in an action. A request or motion to disqualify a judge under
Section 170.6 shall be filed within 30 days of completion of service
pursuant to Section 833, or within 30 days of a transfer or
assignment pursuant to Section 834.

836.  

An adjudication action is presumed to be a complex case
within the meaning of Rule 3.400 of the California Rules of Court
unless a party demonstrates that the adjudication action is not
complex.

837.  

Service of pleadings in an adjudication action, other than
the complaint initiating an adjudication action, shall occur
electronically to the greatest extent possible. If available, service
shall occur through a court-provided electronic service system. If
a court-provided electronic service system is unavailable, the
parties shall serve documents by email or other equivalent
electronic means to the greatest extent possible. To enable
electronic service of pleadings, the attorneys of record or parties
representing themselves shall include their email address in the
captions of pleadings they file in the adjudication action.

 

Article 3.  Conduct of Action

 

838.  

(a) In managing an adjudication action, the court may,
notwithstanding any other law, convene a case management
conference within 60 days after service is completed pursuant to
Section 833.

(b) After the initial case management conference the court may
divide the adjudication action into phases. This section shall not
limit the court’s discretion to order as many phases as the court
deems appropriate for the expeditious and appropriate resolution
of competing claims to the groundwater basin. The court shall
define the scope of any phase of the adjudication action by written
order and shall revisit that definition only upon a demonstration
that continuing with the phase as previously defined would
substantially impede the expeditious resolution of the adjudication
action.

(c) In a phase of an adjudication action, discovery shall be
strictly limited to the scope of the phase, as defined in the court’s
written order. The court may make any appropriate orders to ensure
that discovery during a phase remains within the scope of the phase
and, unless an injustice would otherwise result, shall impose
monetary sanctions on parties, attorneys, or both parties and
attorneys, who, during the phase, propound discovery outside the
scope of the phase.

(d) Pursuant to Section 632, a court may issue a written
statement of decision at the completion of each phase of the
adjudication action. If the court issues a written statement of
decision, that written statement of decision shall be considered a
resolution of the phase and shall be binding for the remainder of
the adjudication action unless reversed or modified by an appellate
court. Appellate review of a court’s written statement of decision
that concludes a phase of the adjudication action may be by writ
only and a party may only appeal the court’s final judgment.

(e) A court may facilitate the formation of a class or classes of
overlying groundwater rights holders pursuant to the criteria
specified in Section 382.

839.  

(a) Subject to subdivision (b), the initial basin boundaries
for an adjudication action shall be the basin boundaries identified
in Bulletin 118 as of the date the complaint initiating the
adjudication action is filed. Based on these boundaries, the court
and the parties shall initiate the procedures to serve the complaint
in an adjudication action in accordance with Section 833.

(b) The court may consider adjusting a basin’s boundaries at
the initial phase of an adjudication action. The court may refer
consideration of adjustment of a basin’s boundaries to the
department for recommendations in accordance with the procedures
described in Section 10722.2 of the Water Code. The court may
stay any proceedings in the adjudication action pending the
department’s resolution of any boundary adjustments, except the
court shall not stay the parties’ initial disclosures made pursuant
to Section 840.

(c) If a court, based on department recommendations, adjusts
the basin’s boundaries after completion of the initial phase of an
adjudication action, the basin’s boundaries, as determined by the
court, shall be the basin’s boundaries for all purposes in all
subsequent phases of the adjudication action. Appellate review of
a court’s determination of the basin’s boundaries after completion
of the initial phase of the adjudication action may be by writ only
and shall not be subject to any later writ or appeal.

840.  

(a) Except as otherwise stipulated by the parties or ordered
by the court, and without waiting for a discovery request, a party
shall provide the court or special master initial disclosures that
include all of the following information:

(1) The name, address, telephone number, and email address of
the party completing the form developed pursuant to subdivision
(b).

(2) The quantity of any groundwater extraction from the basin
by the party, or the party’s representative or agent, during each of
the 10 calendar years immediately preceding the filing of the
complaint.

(3) The beneficial purpose of any use of groundwater from the
basin or the beneficial use of any alternative water use that the
party claims as its use of groundwater.

(4) The location of any extraction of groundwater from the basin
by the party, or the party’s representative or agent.

(5) The location of any beneficial use of groundwater from the
basin or beneficial use of any alternative water use that the party
claims as its use of groundwater.

(6) The quantity of any beneficial use of any alternative water
use that the party claims as its use of groundwater under any
applicable law, including, but not limited to, Section 1005.1,
1005.2, or 1005.4 of the Water Code.

(7) Identification of all surface water rights and contracts that
the party claims provides the basis for its water right claims in the
adjudication action.

(8) The quantity of any replenishment of water to the basin that
augmented the basin’s native water supply, resulting from the
intentional storage of imported or non-native water in the basin,
managed recharge of surface water, or return flows resulting from
the use of imported water or non-native water on lands overlying
the basin by the party, or the party’s representative or agent, during
each of the 10 calendar years immediately preceding the filing of
the complaint.

(9) The names, addresses, telephone numbers, and email
addresses of all persons possessing information that supports the
party’s disclosures.

(10) Any other information deemed appropriate by the court
for initial disclosure in an adjudication action.

(b) The Judicial Council shall develop a form for initial
disclosures made pursuant to subdivision (a) to facilitate the
consistent, independent, impartial, and accessible administration
of adjudication actions.

(c) (1) Unless otherwise stipulated by the parties or ordered by
the court, and not including the plaintiff that initiates the
adjudication action, a party shall make the initial disclosures
described in subdivision (a) within 60 days after the initial case
management conference in the adjudication action.

(2) A plaintiff that initiates the adjudication action shall make
the initial disclosures described in subdivision (a) at the time it
files the complaint by lodging the required information with the
court in an electronic format. The plaintiff shall serve the required
information on the defendants or cross-defendants that it names
when it serves the complaint.

(3) The court may order, after the initial case management
conference, any supplemental disclosures, other than those
described in subdivision (a), that may expedite resolution of the
adjudication action.

(d) Unless otherwise ordered by the court, a party that is first
served, or otherwise joined to the adjudication action, after the
initial case management conference shall make the disclosures
described in subdivision (a) within 30 days after being served or
joined, unless a different time is set by stipulation of the parties
or an order of the court. The court shall liberally consider any
motions or applications to extend the time for a newly-served or
-joined party to make the disclosures described in subdivision (a).

(e) A party shall make its initial disclosures based on the
information then reasonably available to it. A party is not excused
from making its initial disclosures because it has not fully
investigated the case, because it challenges the sufficiency of
another party’s disclosures, or because another party has not made
its disclosures.

(f) A party that has made its initial disclosures, as described in
subdivision (a), or that has responded to another party’s discovery
request, shall supplement or correct a disclosure or response in
either of the following situations:

(1) In a timely manner if the party learns that in some material
respect the disclosure or response is incomplete or incorrect and
the additional or corrective information has not otherwise been
made known to the other parties during the disclosure or discovery
process.

(2) As ordered by the court.

(g) To the greatest extent possible, a party shall serve his or her
initial disclosures electronically through a court-provided electronic
service system, email, or another method of electronic transmission.
If it is not possible for the party to serve his or her disclosures
electronically, he or she shall serve the disclosures in an electronic
format saved on a portable storage media device such as a compact
disc or flash drive.

(h) A party’s obligations under this section may be enforced by
a court on its own motion or the motion of a party pursuant to
Section 2030.300.

(i) A party’s disclosures under this section shall be verified
under penalty of perjury as being true and correct to the best of
the party’s knowledge.

841.  

(a) In addition to all other disclosures required by this
chapter, a party shall disclose to the other parties the identity of
any expert witness it may use at trial to present evidence. For
purposes of this chapter, “expert witness” means a witness qualified
pursuant to Section 720 of the Evidence Code.

(b) Unless otherwise stipulated by the parties or ordered by the
court, the disclosure made pursuant to subdivision (a) shall be
accompanied by a written report prepared and signed by the expert
witness if the witness is retained or specially employed by the
party offering the expert witness to testify as an expert in the action,
or if the expert witness’s duties as the party’s employee regularly
involves giving expert testimony. The report shall include all of
the following:

(1) A complete statement of all opinions the witness will express
and the basis and reasons for those opinions.

(2) The facts or data considered by the witness in forming his
or her opinions.

(3) Any exhibits the witness will use to summarize or support
his or her opinions.

(4) The witness’s qualifications, including a list of all
publications authored by the witness in the previous 10 years.

(5) A list of all other cases in which the witness testified as an
expert at trial or by deposition in the last five years.

(6) A statement of the compensation to be paid for the witness’s
work and testimony in the adjudication action.

(c) If subdivision (b) does not apply to an expert witness because
of a stipulation by the parties or an order of the court, the witness’s
disclosure shall include both of the following:

(1) The subject matter on which the witness is expected to
present evidence.

(2) A summary of the witness’s opinions, and the facts or data
considered by the witness in forming his or her opinions.

(d) Unless otherwise stipulated by the parties, a party shall make
the disclosures of any expert witness it intends to present at trial,
except for an expert witness presented solely for purposes of
impeachment or rebuttal, at the times and in the sequence ordered
by the court. If there is no stipulation or court order, the disclosures
of an expert witness shall be made as follows:

(1) At least 30 days after the court’s entry of an order
establishing the scope of the relevant phase of the adjudication
action.

(2) Except for a supplemental expert witness described in
paragraph (3), at least 60 days before the date set for trial of the
relevant phase of the adjudication action.

(3) For a supplemental expert witness who will express an
opinion on a subject to be covered by another expert witness
designated by an adverse party that was not among the subjects
covered by an expert witness initially disclosed by the party
offering the supplemental expert witness, no more than 20 days
after the initial expert witness disclosure date.

(e) The court may modify the disclosure requirements of
subdivisions (b) to (d), inclusive, for expert witnesses presented
solely for purposes of impeachment or rebuttal. In modifying the
disclosure requirements, the court shall adopt disclosure
requirements that expedite the court’s consideration of the issues
presented and shall ensure that expert testimony presented solely
for purposes of impeachment or rebuttal is strictly limited to the
scope of the testimony that it intends to impeach or rebut.

(f) (1) A party whose expert witness has made a disclosure
pursuant to this section shall promptly supplement or correct the
expert witness’s disclosure in either of the following instances:

(A) In a timely manner if the party learns that in some material
respect the disclosure is incomplete or incorrect, if the additional
or corrective information has not otherwise been made known to
the other parties during the disclosure or discovery process.

(B) As ordered by the court.

(2) A party’s duty to supplement or correct its expert witness’s
disclosure includes the information included in the report and the
information given during the expert witness’s deposition. Unless
otherwise stipulated by the parties or ordered by the court, any
supplementation or correction shall occur at least 14 days before
trial of the applicable phase of the adjudication action.

(3) The court may authorize a supplemental deposition of an
expert witness based on a supplemental disclosure made pursuant
to this subdivision. The court shall appropriately condition the
authorization of a supplemental deposition of an expert witness to
ensure the expeditious completion of the applicable phase of the
adjudication action. The court may require the party whose expert
makes the supplemental disclosure to pay some or all of the costs
associated with the supplemental deposition.

(g) To the greatest extent possible, the parties shall serve expert
witness disclosures electronically through a court-provided
electronic service system, email, or another method of electronic
transmission. If it is not possible for the party to serve his or her
expert witness disclosures electronically, he or she shall serve the
expert witness disclosures in an electronic format saved on a
portable storage media device such as a compact disc or flash
drive.

(h) If a party or its expert witness fails to comply with this
section, the court may exclude the expert witness’s testimony from
trial, authorize additional depositions of the expert witness at the
party’s expense, or take other appropriate action upon the noticed
motion, or ex parte application, of a party.

842.  

(a) A court in an adjudication action may require the
parties to submit written testimony of relevant witnesses in the
forms of affidavits or declarations under penalty or perjury in lieu
of presenting live testimony. The required written testimony may
include, but is not limited to, expert witness opinions and testimony
that authenticates documentary evidence. The court may order that
the written testimony constitutes the entirety of the witness’s direct
testimony, require the written testimony to include any exhibits
offered in support of the written testimony, and, in the case of
written testimony of an expert witness, require a statement of the
witness’s qualifications.

(b) If the court requires the submission of written testimony
pursuant to subdivision (a), a complete copy of the direct testimony
shall be served at least 21 days before trial of the applicable phase
of the adjudication action. A complete copy of any rebuttal
testimony shall be served no later than the first day of trial of the
applicable phase of the adjudication action. The court shall ensure
the rebuttal testimony is strictly limited to the scope of the direct
testimony to which it responds.

(c) If the contents of the written testimony would have been
admissible if the witness testified orally, the written testimony
shall be received by the court as a documentary exhibit if, at the
trial of the applicable phase of the adjudication action, the witness
whose written testimony is being offered is made available for
cross-examination by all parties.

843.  

(a) In an adjudication action, the court may appoint a
special master whose duties may include the following:

(1) Initiating a technical committee consisting of the parties,
the parties’ designated representatives, or both, to conduct joint
factfinding as to the basin’s safe yield of groundwater, water
demand, and any other technical issues, as directed by the court.
The special master shall compile a technical report of the findings
in accordance with Section 844.

(2) Conducting or facilitating mediation or settlement
discussions.

(3) Performing other tasks the court may deem appropriate.

(b) The special master may be employed by the court as a
full-time or part-time employee, or retained as an independent
contractor. A special master’s compensation and other expenses
related to the conduct of an adjudication action shall be fixed by
the court, apportioned pro rata to the extent reasonably feasible to
do so, and paid by all parties unless the parties agree to another
allocation or the court determines that, in the interests of justice,
another allocation is necessary. The court may provide for the
collection and disbursement of special master fees as it deems
appropriate.

(c) (1) To assist trial courts in selecting special masters the
department shall, on or before January 1, 2017, establish and
maintain a list of individuals who may serve as special masters in
adjudication actions. To be placed on the list an individual shall
have at least 10 years experience as either of the following:

(A) A licensed professional engineer, professional hydrologist,
or professional geologist.

(B) An attorney licensed to practice law in the state.

(2) The department shall establish any other qualifications that
may be appropriate to ensure that individuals placed on the list are
qualified to assist a court in an adjudication action.

844.  

(a) If a technical committee is established pursuant to
Section 843, the special master shall provide all parties with a copy
of a draft technical report he or she prepares and a notice setting
a day at least 60 days after the draft technical report has been
provided to all parties before which the parties may submit to the
special master written objections to the draft technical report.

(b) An objection to the draft technical report shall identify the
specific grounds and evidence on which the objection is based.
Within 10 days after the close of the period for filing objections,
the special master shall provide copies of the objections to all
parties.

(c) The special master may notice and hold hearings, as he or
she deems appropriate, to gather information or address issues
raised in the objections to the draft technical report.

(d) The special master shall consider the objections to the draft
technical report and develop a final certified copy of the technical
report that shall be filed with the court, together with a certified
copy of all evidence considered by the special master in preparing
the draft technical report, all evidence identified in the objections
to the draft technical report, and all evidence considered by the
special master in preparing the final technical report.

845.  

Chapter 2 (commencing with Section 1115) of Division
9 of the Evidence Code shall apply to all mediations, settlement
conferences, and other similar out-of-court negotiations in
adjudications actions subject to this chapter.

846.  

(a) It is the policy of the state to encourage the
compromise and settlement of adjudication actions.

(b) Upon the motion of any party to an adjudication action, a
court may do any of the following:

(1) Stay an adjudication action for a period of up to one year,
subject to renewal in the court’s discretion upon a showing of good
cause, in order to facilitate any of the following:

(A) (i) Timely development of a groundwater sustainability
plan under the Sustainable Groundwater Management Act that
may serve as the basis of a stipulated judgment setting forth a
physical solution for management of the basin.

(ii) If the court stays an adjudication action for purposes of
facilitating timely progress on a groundwater sustainability plan,
the court may direct the parties to provide the court with regular
updates on the progress in developing the groundwater
sustainability plan.

(B) Technical studies that may be useful to the parties in
developing a stipulated judgment or physical solution.

(C) Voluntary mediation on all, or a portion of, the subject
matters or legal questions identified in the adjudication action or
any phase of the adjudication action.

(D) Compromise and settlement of the adjudication action, a
phase of the adjudication action, or any subject matter of the
adjudication action or a phase of the adjudication action.

(2) Schedule mandatory mediation and appointment of a neutral
mediator concerning the adjudication action, a phase of the
adjudication action, or any subject matter of the adjudication action
or a phase of the adjudication action.

(3) Schedule phases of trial in combination with mandatory
mediation for purposes of fostering compromise concerning the
adjudication action, a phase of the adjudication action, or any
subject matter of the adjudication action or a phase of the
adjudication action.

(c) A stay may be extended for up to one year at a time. If a
party opposes an extension of a stay, a stay may only be granted
after a showing that there is good progress being made on the
issues that were identified as the reasons for the stay. The total
time period an adjudication action may be stayed shall not exceed
3 years.

(d) A stay pursuant to this section shall not stay, or otherwise
delay, the parties’ obligations to provide initial disclosures pursuant
to Section 840 unless the court determines the initial disclosures
will not benefit resolution of the adjudication action.

847.  

(a) If a party, or a group of parties, submits a proposed
stipulated judgment that is supported by (1) more than 50 percent
of all named parties in the adjudication action and (2) groundwater
rights holders holding title to at least 75 percent of the groundwater
production during the past 10 years in the basin, the court shall
impose any physical solution that is part of the stipulated judgment
as a component of the final judgment in the adjudication action if
the physical solution satisfies all of the following criteria:

(1) It furthers the interests of the state in ensuring that the water
resources of the state are put to beneficial use to the fullest extent
that they are capable, as required by Section 2 of Article X of the
California Constitution.

(2) It is consistent with all water right priorities in the basin.

(3) It treats all objecting parties equitably as compared to the
stipulating parties.

(b) A party objecting to a proposed stipulated judgment shall
demonstrate, by a preponderance of the evidence, that the proposed
stipulated judgment does not satisfy the criteria described in
paragraphs (1) to (3), inclusive, of subdivision (a). If the objecting
party is unable to make this showing, the court may impose the
proposed stipulated judgment on all parties.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.