Amended in Senate July 6, 2015

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 BillNo. 1390


Introduced by Assembly Members Alejo, Gomez, and Perea

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

(Principal coauthors: Senators Cannella, Hueso, and Vidak)

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

(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 forbegin delete an adjudication action,end deletebegin insert a comprehensive adjudication,end insert which is defined as an action filed in superior court tobegin insert comprehensivelyend insert determine the rights to extract groundwaterbegin delete within a basin or store water from a basin, as specified.end deletebegin insert in a basin.end insert 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 allbegin delete adjudication actionsend deletebegin insert comprehensive adjudicationsend insert except inbegin delete specifiedend delete cases not involvingbegin insert a comprehensiveend insert allocation of a basin’s groundwaterbegin delete supply.end deletebegin insert supply or cases that can be resolved among a limited number of parties and that do not involve a comprehensive determination of rights to extract groundwater within the basin.end insert

This bill would require a complaint filed in an adjudication action to name certain defendants, including allbegin delete counties or cities that provide water service and overlieend deletebegin insert general or special districts managing or replenishing groundwater resources inend insert 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, andbegin insert certain disclosures related to the plaintiff’s groundwater use. The billend insert 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 determinebegin delete groundwater rights inend deletebegin insert rights to extract groundwater withinend insert the basin in accordance with the special procedures forbegin delete adjudication actions.end deletebegin insert comprehensive adjudications.end insert 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 casebegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert 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 thebegin delete assessor or assessorsend deletebegin insert tax collector or tax collectorsend insert of the county or counties in which the basin to be adjudicated lies to include the court-approved notice and form answer with the nextbegin insert annualend insert property tax bill sent to each landownerbegin delete in the basin.end deletebegin insert identified by the plaintiff, as specified.end insert The bill would require thebegin delete plaintiffend deletebegin insert plaintiff, and other parties as may be ordered by the court,end insert to reimburse thebegin delete assessor or assessorsend deletebegin insert tax collector or tax collectorsend insert 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 filebegin delete a declaration under penalty of perjuryend delete with the courtbegin delete attesting toend deletebegin insert a notice ofend insert the completion of the mailing.begin delete By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The billend deletebegin insert The bill, on the 60th day following completion of the mailing, as described above,end insert would deem fulfillment of the service and publication provisions as effective service of process of the complaint and notice on all interested parties of thebegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert for purposes of establishing in rem jurisdiction and the comprehensive effect of thebegin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert

This bill would authorize the court to convenebegin delete an initialend deletebegin insert aend insert case management conferencebegin delete within 60 days of completion of service of the complaint and notice, as described above,end deletebegin insert at such time the court deems appropriate,end insert after which the court could divide thebegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert intobegin delete phases.end deletebegin insert phases’ based on its own discretion or the motion of a party.end insert The bill would require the court to define the scope of any phase of thebegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert by writtenbegin delete order andend deletebegin insert order. The billend insert 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 ofbegin delete an adjudication action,end deletebegin insert a comprehensive adjudication,end insert 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 disclosuresbegin insert to all other named parties and a special master, if one has been assigned in the action,end insert within 60 days afterbegin delete the initial case management conference,end deletebegin insert appearing in the comprehensive adjudication,end insert 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 masterbegin delete in an adjudication action, andend deletebegin insert in a comprehensive adjudication, who may be one or more individuals, to report on legal and factual issues designated under a specific order of reference. The billend insert 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 inbegin delete adjudication actionsend deletebegin insert comprehensive adjudicationsend insert 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:

P4    1

SECTION 1.  

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

3 

4Chapter  7. Actions Relating to Groundwater Rights
5

5 

6Article 1.  General Provisions
7

 

8

830.  

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

9(1) Diverse economic, environmental, and social interests are
10implicated by sustainable groundwater management.

11(2) Efficient resolution of conflicts concerning the right to use
12and manage groundwater will promote beneficial use of the waters
13of the state consistent with Section 2 of Article X of the California
14Constitution, the state water policies mandated in Chapter 1
15(commencing with Section 100) of Division 1 of the Water Code,
16and as intended by the Sustainable Groundwater Management Act
17(Part 2.74 (commencing with Section 10720) of Division 6 of the
18Water Code).

19(3) Previousbegin insert comprehensiveend insert groundwater adjudication actions
20have taken more than a decade before issuance of a final judgment
21by the courtbegin delete in an adjudicationend deletebegin insert theend insert action.

22(4) In light of the scope and complexities ofbegin insert comprehensiveend insert
23 groundwater adjudication actions, the state’s welfare will be
24promoted by the development of specially tailored legal procedures
P5    1to efficiently processbegin insert actions to comprehensively determine rights
2to extractend insert
groundwaterbegin delete adjudication actions.end deletebegin insert in a basin.end insert

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

4(1) Develop procedures to provide a morebegin delete streamlined and
5expeditious groundwater adjudication process,end delete
begin insert efficient process
6to comprehensively adjudicate groundwater rights,end insert
while at the
7same time fully respecting established principles of water rights
8law and providing participants appropriate due process.

9(2) Establish procedures by which courts may conduct
10 comprehensive determinations ofbegin delete allend delete rights tobegin insert extractend insert groundwater
11in a basin.

12(3) Encourage early resolution of groundwater rights disputes.

13(4) Substantially reduce the time and expense ofbegin insert comprehensiveend insert
14 groundwater adjudications, while ensuring fair procedures to
15protect all parties’ rights to groundwater.

16(5) Ensure the judicial process is not used to unnecessarily delay
17or thwart the goal of managing groundwater in a sustainable
18manner.

19(6) Reduce the burdens placed on the judiciary under the current
20adjudication process.

21

830.5.  

For purposes of this chapter, the following definitions
22apply:

begin delete

23(a) “Adjudication action” means an action filed in superior court
24to determine the rights to extract groundwater within a basin or
25store water from a basin, including, but not limited to, an action
26to quiet title respecting rights to extract or store groundwater or
27an action brought to impose a physical solution on a basin.

end delete
begin delete

8 28(b)

end delete

29begin insert(a)end insert “Basin” means a groundwater basin or subbasin identified
30pursuant to Section 839.

begin delete

10 31(c)

end delete

32begin insert(b)end insert “Bulletin 118” means the department’s report entitled
33“California’s Groundwater: Bulletin 118” updated in 2003, as it
34may be subsequently updated or revised.

begin delete

13 35(d)

end delete

36begin insert(c)end insert “Complaint” means a complaint filed in superior court to
37determine rights to extract groundwater and includes any
38cross-complaint that initiatesbegin delete an adjudication actionend deletebegin insert a
39comprehensive adjudicationend insert
in response to a plaintiff’s complaint
40or other cross-complaint.

begin insert

P6    1(d) “Comprehensive adjudication” means an action filed in
2superior court to comprehensively determine rights to extract
3groundwater in a basin.

end insert

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

5(f) “Groundwater” means water beneath the surface of the earth
6within the zone below the water table in which the soil is
7completely saturated with water, but does not include water that
8flows in known and definite channels.

9(g) “Groundwater extraction facility” means a device or method
10for extracting groundwater from within a basin.

11(h) “Groundwater recharge” means the augmentation of
12groundwater, by natural or artificial means.

13(i) “Person” includes, but is not limited to, counties, local
14agencies, state agencies, federal agencies, tribes, business entities,
15and individuals.

16(j) “Plaintiff” means the person filing the complaint initiating
17begin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert and includes
18a cross-complainant who initiatesbegin delete an adjudication actionend deletebegin insert a
19comprehensive adjudicationend insert
by cross-complaint.

20(k) “Sustainable Groundwater Management Act” means the
21provisions of Part 2.74 (commencing with Section 10720) of
22Division 6 of the Water Code.

23

831.  

(a) begin deleteThis end deletebegin insertExcept as provided in subdivision (e), this end insertchapter
24establishes special procedures for anbegin delete adjudication action.end deletebegin insert action
25that would comprehensively determine rights to extract
26groundwater in a basin, whether based on appropriation, overlying
27right, or other basis of right. This chapter applies to an Indian
28tribe and the federal government, to the extent authorized by
29federal law.end insert
This chapter shall not alter groundwater rights or the
30law concerning groundwater rights. The other provisions of this
31code apply to procedures inbegin delete an adjudication actionend deletebegin insert a comprehensive
32adjudicationend insert
to the extent they do not conflict with the provisions
33of this chapter.

begin delete

34(b) In an adjudication action subject to this chapter, the court
35may determine, in the proceedings provided for in this chapter, all
36rights to groundwater in a basin whether based on appropriation,
37overlying right, or other basis of right.

end delete
begin delete

5 38(c)

end delete

39begin insert(b)end insert The court’s final judgment inbegin delete an adjudication action,end deletebegin insert a
40comprehensive adjudication,end insert
as to the right to groundwater of each
P7    1party, may declare the priority, amount, purposes of use, extraction
2location, and place of use of the water, together with appropriate
3injunctive relief, subject to terms adopted by the court to implement
4a physical solution in thebegin delete adjudication action.end deletebegin insert comprehensive
5adjudication.end insert

begin delete

11 6(d)

end delete

7begin insert(c)end insert The procedures of this chapter shall govern allbegin delete adjudication
8actions, unless the court finds either of the following, in which
9caseend delete
begin insert comprehensive adjudications. If the court finds any one of
10the following,end insert
the action shall proceed in accordance with other
11provisions of law:

12(1) The action concerns only claims that the operation of a
13party’s groundwater extraction facility is interfering with the
14physical availability of groundwater to one or more other parties’
15groundwater extraction facility or facilities and does not involve
16begin delete anend deletebegin insert a comprehensiveend insert allocation of the basin’s groundwater supply.

17(2) The action concerns only claims to extract, or to prevent
18interference with extractions of, a specific source of groundwater
19recharge and does not involvebegin delete anend deletebegin insert a comprehensiveend insert allocation of
20the basin’s groundwater supply.

begin insert

21(3) The action can be resolved among a limited number of
22parties and does not involve a comprehensive determination of
23rights to extract groundwater within the basin.

end insert
begin delete

24 24(e)

end delete

25begin insert(d)end insert In implementing this chapter and applying the other
26provisions of this code inbegin delete an adjudication action,end deletebegin insert a comprehensive
27adjudication,end insert
the court should expedite resolution of the
28begin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert and, where a
29groundwater sustainability plan is required pursuant to the
30Sustainable Groundwater Management Act, the court should
31encourage the parties to cooperatively develop a groundwater
32sustainability plan that may serve as the basis of a stipulated
33judgment setting forth a physical solution for management of the
34basin.

begin insert

35(e) This chapter does not apply to the Antelope Valley
36Groundwater Cases (Judicial Council Coordination Proceedings
37No. 4408).

end insert

 

P8    1Article 2.  Commencement of Action
2

 

3

832.  

(a) Unless a court orders otherwise for good cause, the
4complaint inbegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert
5 shall name all of the following persons as defendants:

begin delete

6(1) All counties or cities that provide water service and overlie
7the basin in whole or in part.

end delete
begin delete

P7   1 8(2)

end delete

9begin insert(1)end insert All general or special districtsbegin delete empowered to manage or
10replenishend delete
begin insert managing or replenishingend insert groundwater resourcesbegin delete ofend deletebegin insert inend insert
11 the basin in whole or in part.

begin delete

3 12(3)

end delete

13begin insert(2)end insert The operator of a public water system that uses groundwater
14from the basin to supply water service.

begin delete

5 15(4)

end delete

16begin insert(3)end insert The operator of a state small water system that uses
17groundwater from the basin to supply water service.

begin insert

18(b) The complaint in a comprehensive adjudication shall identify
19all counties or cities that provide water service and overlie the
20basin in whole or in part.

end insert
begin delete

7 21(b)

end delete

22begin insert(c)end insert Within 30 days of the filing of the complaint,begin delete allend deletebegin insert bothend insert of the
23following shall occur:

24(1) The plaintiff shall serve the complaint on all persons named
25as defendants pursuant to subdivision (a)begin insert and all counties or cities
26identified in the complaint pursuant to subdivision (b)end insert
in the
27manner prescribed by Article 3 (commencing with Section 415.10)
28of Chapter 4 of Title 5.

29(2) The plaintiff shall publish notice of the complaint pursuant
30to Section 6066 of the Government Code.

begin delete

31(3) The plaintiff, or its representative, shall personally appear
32at a meeting of the board of supervisors of each county overlying
33the basin at least in part, and announce that the plaintiff has filed
34the adjudication action and where copies of the complaint may be
35obtained.

36(4) The court shall allow any person to intervene in the
37adjudication action upon an ex parte application that demonstrates
38that the person holds fee simple ownership in a parcel in the basin.
39A person filing the ex parte application shall give notice to the
40plaintiff consistent with the California Rules of Court.

end delete
begin insert

P9    1(d) The court shall allow the following persons to intervene in
2the comprehensive adjudication:

end insert
begin insert

3(1) A county or city identified in the complaint pursuant to
4subdivision (b). A county or city identified in the complaint
5pursuant to subdivision (b) that files an ex parte application shall
6give notice to the plaintiff consistent with the California Rules of
7Court.

end insert
begin insert

8(2) A person demonstrating, upon an ex parte application, that
9that person holds fee simple ownership in a parcel in the basin. A
10person filing the ex parte application shall give notice to the
11plaintiff consistent with the California Rules of Court.

end insert
12

832.5.  

(a) Within 180 days of the filing of a complaint to
13adjudicate groundwater rights, the court shall conduct a preliminary
14hearing to determine if the action should proceed to
15comprehensively determinebegin delete groundwater rights inend deletebegin insert rights to extract
16groundwater withinend insert
the basin in accordance with this chapter. At
17the preliminary hearing the court may hear expert or lay testimony
18and the plaintiff shall demonstrate one of the following:

19(1) There is substantial evidence that declining groundwater
20levels may cause an undesirable result in the basin.

21(2) The court cannot provide adequate relief among the potential
22claimants to a groundwater right in the basin subject to the
23begin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert unless the
24begin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert is completed.

25(3) begin deleteThe parties sufficient to comply with Section 847 end deletebegin insertPursuant
26 to Section 847, the parties end insert
have agreed to a proposed judgment in
27thebegin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert

28(4) Consistent with Section 2 of Article X of the California
29Constitution, the interests of groundwater rights holders will be
30expeditiously and effectively served by the completion of the
31begin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert

32(b) If, after the preliminary hearing, the court finds that any
33condition described in paragraphs (1) to (4), inclusive, of
34subdivision (a) is met, the court shall issue an order declaring that
35the case isbegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert
36 subject to this chapter and authorizing service of landowners in
37accordance with Section 833.

38(c) If, after the preliminary hearing, the court finds that no
39condition described inbegin delete paragraphend deletebegin insert paragraphsend insert (1) to (4), inclusive,
40of subdivision (a) is met, the court shall either dismiss the
P10   1begin delete adjudicationend delete action without prejudice, or find that the action is not
2subject to this chapter under Section 831 and permit the action to
3proceed pursuant to the other provisions of this code.

4(d) Before the preliminary hearingbegin insert,end insert the court may allow
5expedited discoverybegin delete consistent with this chapter.end deletebegin insert limited to the
6matters listed in paragraphs (1) to (4), inclusive, of subdivision
7(a).end insert
The court shall actively manage the expedited discovery to
8begin insert minimize the burdens on responding parties and toend insert prevent delays
9in order to enable, to the greatest extent possible and pursuant to
10Section 833, service of landowners through the nextbegin insert annualend insert mailing
11of property tax bills within the basin.

12

833.  

(a) begin deleteTogether with the filing of end deletebegin insertAt the same time as filing end insert
13the complaint, the plaintiff shallbegin delete file bothend deletebegin insert lodge allend insert of thebegin delete following:end delete
14begin insert following with the court:end insert

15(1) begin insert(A)end insertbegin insertend insert A draft notice titled “NOTICE OF COMMENCEMENT
16OF GROUNDWATER BASIN ADJUDICATION” in no less than
1720-point font and the following text printed immediately below
18the draft notice title in no less than 14-point font:

19“THIS NOTICE IS IMPORTANT. ANY RIGHTS YOU CLAIM
20TO PUMP OR STORE GROUNDWATER FROM THE BASIN
21IDENTIFIED IN THIS NOTICE MAY BE AFFECTED BY A
22LAWSUIT INITIATED BY THE COMPLAINT SUMMARIZED
23BELOW.

24A copy of the complaint may be obtained by contacting the
25plaintiff or the plaintiff’s attorney identified in this notice. If you
26claim rights to pump or store groundwater within the basin, either
27now or in the future, you may become a party to this lawsuit by
28filing an answer to the lawsuit on or before the deadline specified
29in thisbegin delete noticeend deletebegin insert notice. You may file an answerend insert by completing the
30attached formbegin delete answer andend deletebegin insert answer,end insert filing it with the court indicated
31in thisbegin delete notice and byend deletebegin insert notice, andend insert sending a copy of the form answer
32to the plaintiff or the plaintiff’s attorney.

33Failing to participate in this lawsuit could have a significant
34adverse effect on any right to pump or store groundwater that you
35may have. You may seek the advice of an attorney in relation to
36this lawsuit. Such attorney should be consulted promptly. A case
37management conference in this groundwater basin adjudication
38proceeding shall occur on the date specified in this notice. If you
39intend to participate in the groundwater adjudication proceeding
40to which this notice applies, you are advised to attend the initial
P11   1case management conference in person or have an attorney
2represent you at the initial case management conference.

3Participation requires the production of all information regarding
4your groundwater use. You must provide this information by the
5date identified in this notice.

6A form answer is provided for your convenience. You may fill
7out the form answer and file it with the court. Should you choose
8to file the form answer, it will serve as an answer to all complaints
9and cross-complaints filed in this case.”

begin insert

10(B) The following information shall be provided immediately
11following the text described in subparagraph (A):

end insert
begin insert

12(i) The name of the basin that is the subject of the comprehensive
13adjudication.

end insert
begin insert

14(ii) A space to be completed with the case number assigned to
15the comprehensive adjudication, and the name and address of the
16court and department to which the action is assigned.

end insert
begin insert

17(iii) The name, address, telephone number, and email address
18of the plaintiff, or plaintiff’s attorney, from which the complaint
19may be obtained.

end insert
begin insert

20(iv) A statement advising anyone claiming the right to use
21groundwater within the basin that he or she must file an answer
22with the court within 30 days after service by mail, as provided
23for in this section.

end insert
begin insert

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

end insert

26(2) (A) A draft form answer titled “ANSWER TO
27ADJUDICATION COMPLAINT” in no less than 20-point font
28and the following text printed immediately below the draft form
29answer title in no less than 14-point font:

30“The undersigned denies all material allegations in the complaint
31or cross-complaint in this action that seeks to adjudicate rights in
32the groundwater basin and asserts all applicable affirmative
33defenses to that complaint.”

34(B) Notwithstanding any other law, the filing of an answer in
35the form described in subparagraph (A) inbegin delete an adjudication actionend delete
36begin insert a comprehensive adjudicationend insert is sufficient to put at issue all
37material allegations and applicable affirmative defenses to the
38complaint in thebegin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert
39 If a party intends to seek adjustment of the basin’s boundaries, it
P12   1shall disclose that intention in the form answer described in
2subparagraph (A).

begin delete

3(b) The draft notice described in paragraph (1) of subdivision
4(a) shall include the following information immediately following
5the text described in paragraph (1) of subdivision (a):

6(1) The name of the basin that is the subject of the adjudication
7action.

8(2) A space to be completed with the case number assigned to
9the adjudication action, and the name and address of the court and
10department to which the action is assigned.

11(3) The name, address, telephone number, and email address of
12the plaintiff, or plaintiff’s attorney, from which the complaint may
13be obtained.

14(4) A space to be completed with a date upon which the court
15will hold a case management conference. The court shall determine
16the date for the case management conference.

17(5) The date an answer must be filed with the court.

18(6) A summary of the causes of action alleged in the complaint
19and the relief sought. The summary shall not exceed 25 lines.

end delete
begin insert

20(3) The initial disclosures required to be lodged by the plaintiff
21pursuant to Section 840.

end insert
begin delete

10 22(c)

end delete

23begin insert(b)end insert Within 15 days of a court order authorizing service of
24landowners pursuant tobegin delete this section,end deletebegin insert subdivision (b) of Section
25832.5,end insert
the plaintiff shall file an ex parte application that seeks the
26court’s approval of plaintiff’s draft notice and draft form answer
27filed pursuant to subdivision (a). The plaintiffbegin delete shall give at least
2824 hours’end delete
begin insert shall provideend insert notice of thebegin delete hearing on theend delete ex parte
29application to all partiesbegin delete identified in subdivision (a) of Section
30832 and any other party the plaintiff has served.end delete
begin insert in accordance
31with the California Rules of Court regarding ex parte hearings.
32Notice may be provided electronically.end insert
The plaintiff’s notice of
33the ex parte application shall include a copy of the draft notice and
34draft form answer filed pursuant to subdivision (a).

begin delete

20 35(d)

end delete

36begin insert(c)end insert Once the court approves the draft notice,begin delete the draft noticeend delete
37begin insert service of that notice in accordance with this sectionend insert shall substitute
38for the summons otherwise provided for in civil actions pursuant
39to Section 412.20.

begin delete

23 40(e)

end delete

P13   1begin insert(d)end insert Following a court order authorizing service of landowners
2pursuant to this section, the plaintiff shall identify, as expeditiously
3as possible and using the records of thebegin delete assessor or assessorsend deletebegin insert tax
4collector or tax collectorsend insert
of the county or counties in which the
5basin to be adjudicated lies, thebegin insert assessor parcel numbers of all
6real property within the basin and theend insert
names and addresses of all
7holders of fee title to real property within the basin. The plaintiff
8shall provide the court and all partiesbegin insert withend insert notice of its acquisition
9of, or sufficient access to, this information. Upon receipt of the
10court order authorizing service of landowners pursuant to this
11section and the plaintiff’s draft notice and draft form answer, as
12approved by an order of the court, thebegin delete assessor or assessorsend deletebegin insert tax
13collector or tax collectorsend insert
shall include the court-approved notice
14and form answer with the nextbegin insert annualend insert property tax bill sent to each
15landownerbegin delete in the basin.end deletebegin insert identified by the plaintiff in accordance
16with this subdivision.end insert
The plaintiffbegin insert, and other parties as may be
17ordered by the court,end insert
shall reimburse thebegin delete assessor or assessorsend deletebegin insert tax
18collector or tax collectorsend insert
for the costs of including the
19court-approved notice and formbegin delete answer, unless otherwise ordered
20by the court.end delete
begin insert answer.end insert Thebegin delete assessor or assessorsend deletebegin insert tax collector or
21tax collectorsend insert
may appear at any court proceeding concerning the
22costs associated with including the court-approved notice and form
23answer with the property tax bills.begin insert The court may authorize
24alternative means of service in accordance with this subdivision,
25as it deems appropriate.end insert

begin delete

P11 1 26(f)

end delete

27begin insert(e)end insert After thebegin delete assessor or assessorsend deletebegin insert tax collector or tax collectorsend insert
28 include the court-approved notice and form answer with the
29property tax bills pursuant to subdivisionbegin delete (e),end deletebegin insert (d),end insert the plaintiff shall
30file with the court a begin delete declaration under penalty or perjury attesting
31toend delete
begin insert notice ofend insert the completion of the mailing.

begin insert

32(f) Following a court order authorizing service of landowners
33pursuant to this section, the plaintiff shall serve any known person
34that pumps groundwater who would not otherwise be served
35pursuant to subdivision (d) of this section or noticed pursuant to
36paragraph (1) of subdivision (c) of Section 832. Service pursuant
37to this subdivision may be by personal delivery or by mail in the
38manner prescribed by Article 3 (commencing with Section 413.10)
39of Chapter 4 of Title 5.

end insert
begin insert

P14   1(g) Service on the United States shall be made in accordance
2with Section 666 of Title 43 of the United States Code.

end insert
begin insert

3(h) The court may authorize any other procedures it finds
4appropriate and necessary to provide notice to persons who may
5hold groundwater rights in the basin.

end insert
begin delete

5 6(g)

end delete

7begin insert(i)end insertbegin deleteNotwithstanding end deletebegin insert On the 60th day following completion of
8the mailing, as set forth in this section, and notwithstanding end insert
any
9other law, the fulfillment of the service provisions of this section,
10the publication provisions of paragraph (2) of subdivisionbegin delete (b)end deletebegin insert (c)end insert
11 of Section 832, and the remaining service and notice provisions
12of this chapter shall be deemed effective service of process of the
13complaint and notice on all interested parties of thebegin delete adjudication
14actionend delete
begin insert comprehensive adjudicationend insert for purposes of establishing in
15rem jurisdiction and the comprehensive effect of thebegin delete adjudication
16action.end delete
begin insert comprehensive adjudication.end insert

begin insert

17(j) The tax collector or tax collectors shall notify the plaintiff
18and the court of any problems with carrying out his or her
19obligations under this section. If the tax collector or tax collectors
20complete the mailing based upon the best available information,
21neither a county, nor an officer or employee of a county, shall be
22liable for any injury caused by an act or omission in the
23interpretation or application of this section, including, without
24limitation, an injury arising from any defect in service arising out
25of a tax collector’s or tax collectors’ actions or omissions in
26providing the notice described in this section.

end insert
begin insert

27(k) The court may require notice to be made available in
28languages other than English.

end insert
begin insert

29(l) The plaintiff shall provide the draft notice and draft answer
30to the department. The department shall post the draft notice and
31draft answer on the department’s Internet Web site within 15 days
32of receipt.

end insert
begin insert

33(m) Section 389 shall not apply to a failure to join the United
34States or an Indian tribe to a comprehensive adjudication.

end insert
35

834.  

Within 15 days of the service of a complaint against or
36by a local agency inbegin delete an adjudication action,end deletebegin insert a comprehensive
37adjudication, the court may,end insert
and upon the motion of anybegin delete party,end delete
38begin insert partyend insert the courtbegin delete shall either transfer the adjudication action for all
39purposes to a neutral county orend delete
begin insert shall,end insert request the chairperson of
40the Judicial Council to assign abegin delete disinterestedend delete judge from a neutral
P15   1county to hear thebegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert
2 for all purposes. For purposes of this section, “local agency” has
3the same definition as that term is defined in subdivision (m) of
4Section 10721 of the Water Code.

5

835.  

Inbegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert
6 there may only be two disqualifications of judges pursuant to
7Sectionbegin delete 170.6, notwithstanding the provisions of Section 170.6
8concerning sides in an action.end delete
begin insert 170.6, and only one disqualification
9by each side. For purposes of this section, in a comprehensive
10adjudication the parties claiming overlying groundwater rights
11will be on one side of the action and the parties claiming
12appropriative groundwater rights will be on the other side of the
13action.end insert
A request or motion to disqualify a judge under Section
14170.6 shall be filedbegin delete within 30 days of completion of serviceend deletebegin insert after
15service is completedend insert
pursuant to Sectionbegin delete 833, or within 30 days of
16a transfer or assignment pursuant to Section 834.end delete
begin insert 833 and within
1730 days of a judge being assigned.end insert

18

836.  

begin insert(a)end insertbegin insertend insert Anbegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert
19 is presumed to be a complex case within the meaning of Rule 3.400
20of the California Rules of Court unless a party demonstrates that
21thebegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert is not complex.

begin insert

22(b) The presiding judge shall assign a comprehensive
23adjudication to one judge for all purposes.

end insert
24

837.  

Service of pleadingsbegin insert and papersend insert inbegin delete an adjudication action,end delete
25begin insert a comprehensive adjudication,end insert other than the complaint initiating
26begin delete an adjudication action,end deletebegin insert a comprehensive adjudication,end insert shall occur
27electronically to the greatest extent possible.begin delete If available, service
28shall occur through a court-provided electronic service system. If
29a court-provided electronic service system is unavailable,end delete
begin insert The
30court may provide, or authorize the use of, an electronic service
31system. If an electronic service system is not provided or authorized
32by the court, the court andend insert
the parties shall serve documents by
33email or other equivalent electronic means to the greatest extent
34possible. To enable electronic service ofbegin delete pleadings,end deletebegin insert pleadings and
35papers,end insert
the attorneys of record or parties representing themselves
36shall includebegin delete theirend deletebegin insert anend insert email addressbegin insert for serviceend insert in the captions of
37begin insert allend insert pleadings they file in thebegin delete adjudication action.end deletebegin insert comprehensive
38adjudication.end insert

 

P8    1Article 3.  Conduct of Action
2

 

3

838.  

(a) In managingbegin delete an adjudication action,end deletebegin insert a comprehensive
4adjudicationend insert
the court may, notwithstanding any other law, convene
5a case management conferencebegin delete within 60 days after service is
6completed pursuant to Section 833.end delete
begin insert at such time the court deems
7appropriate.end insert

8(b) Afterbegin delete the initialend deletebegin insert service is completed pursuant to Section
9833 and aend insert
case management conferencebegin insert is held,end insert the court maybegin insert,
10based on its own discretion or the motion of a party,end insert
divide the
11begin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert into phases. This
12sectionbegin delete shallend deletebegin insert doesend insert not limit the court’s discretion to order as many
13phases as the court deems appropriate for the expeditious and
14appropriate resolution of competing claims to the groundwater
15basin. The court shall define the scope of any phase of the
16begin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert by written order
17and shall revisit that definition only upon a demonstration that
18continuing with the phase as previously defined would substantially
19impede the expeditious resolution of thebegin delete adjudication action.end delete
20begin insert comprehensive adjudication.end insert

21(c) In a phase ofbegin delete an adjudication action,end deletebegin insert a comprehensive
22adjudication,end insert
discovery shall be strictly limited to the scope of the
23phase, as defined in the court’s written order. The court may make
24any appropriate orders to ensure that discovery during a phase
25remains within the scope of the phase and, unless an injustice
26would otherwise result, shall impose monetary sanctions on parties,
27attorneys, or both parties and attorneys, who, during the phase,
28propound discovery outside the scope of the phase.

29(d) Pursuant to Section 632, a court may issue a written
30statement of decision at the completion of each phase of the
31begin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert If the court issues
32a written statement of decision, that written statement of decision
33shall be considered a resolution of the phase and shall be binding
34for the remainder of thebegin delete adjudication actionend deletebegin insert comprehensive
35adjudicationend insert
unless reversed or modified by an appellate court.
36Appellate review of a court’s written statement of decision that
37concludes a phase of thebegin delete adjudication actionend deletebegin insert comprehensive
38adjudicationend insert
may be by writ only and a party may only appeal the
39court’s final judgment.

P17   1(e) A court may facilitate the formation of a class or classes of
2overlying groundwater rights holders pursuant to the criteria
3specified in Section 382.

4

839.  

(a) Subject to subdivision (b), the initial basin boundaries
5forbegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert shall be
6the basin boundaries identified in Bulletin 118 as of the date the
7complaint initiating thebegin delete adjudication actionend deletebegin insert comprehensive
8adjudicationend insert
is filed.begin delete Based on these boundaries, the court and the
9parties shall initiateend delete
begin insert The plaintiff shall use these boundaries in
10initiatingend insert
the procedures to serve the complaintbegin insert on landownersend insert in
11begin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert in accordance
12with Section 833.

13(b) The court may consider adjusting a basin’s boundaries at
14the initial phase ofbegin delete an adjudication action.end deletebegin insert a comprehensive
15adjudication.end insert
The court may refer consideration of adjustment of
16a basin’s boundaries to the department for recommendations in
17accordance with the procedures described in Section 10722.2 of
18the Water Code. The court may stay any proceedings in the
19begin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert pending the
20department’s resolution of any boundarybegin delete adjustments, except the
21court shall not stay the parties’end delete
begin insert adjustments. During the stay, the
22court may require the parties to makeend insert
initial disclosuresbegin delete madeend delete
23 pursuant to Section 840.

24(c) If a court,begin delete based on departmentend deletebegin insert following receipt of the
25department’send insert
recommendations,begin delete adjustsend deletebegin insert determinesend insert the basin’s
26boundariesbegin delete after completion of the initial phase of an adjudication
27action,end delete
begin insert separately and before the trial of other issues in the
28comprehensive adjudication,end insert
the basin’sbegin delete boundaries,end deletebegin insert boundariesend insert
29 as determined by thebegin delete court,end deletebegin insert courtend insert shall be the basin’s boundaries
30for all purposes in all subsequent phases of thebegin delete adjudication action.end delete
31begin insert comprehensive adjudication.end insert Appellate review of a court’s
32determination of the basin’s boundariesbegin delete after completion of the
33initial phase of the adjudication actionend delete
may be by writ only and
34shall not be subject to any later writ or appeal.

35

840.  

(a) Except as otherwise stipulated by the parties or ordered
36by the court, and without waiting for a discovery request, a party
37shall providebegin delete the court or special masterend deletebegin insert to all other named parties
38and, if one has been assigned in the action, the special master,end insert

39 initial disclosures that include all of the following information:

P18   1(1) The name, address, telephone number, and email address of
2the party completingbegin delete theend deletebegin insert aend insert form developed pursuant to subdivision
3(b).

4(2) The quantity of any groundwater extraction from the basin
5by the party, or the party’s representative or agent, during each of
6the 10 calendar years immediately preceding the filing of the
7complaint.

begin insert

8(3) The claimed basis of the right to extract groundwater.

end insert
begin delete

35 9(3)

end delete

10begin insert(4)end insert The beneficial purpose of any use of groundwater from the
11basin or the beneficial use of any alternative water use that the
12party claims as its use of groundwater.

begin delete

38 13(4)

end delete

14begin insert(5)end insert The location of any extraction of groundwater from the basin
15by the party, or the party’s representative or agent.

begin delete

P14 1 16(5)

end delete

17begin insert(6)end insert The location of any beneficial use of groundwater from the
18basin or beneficial use of any alternative water use that the party
19claims as its use of groundwater.

begin delete

4 20(6)

end delete

21begin insert(7)end insert The quantity of any beneficial use of any alternative water
22use that the party claims as its use of groundwater under any
23applicable law, including, but not limited to, Section 1005.1,
241005.2, or 1005.4 of the Water Code.

begin delete

8 25(7)

end delete

26begin insert(8)end insert Identification of all surface water rights and contracts that
27the party claims provides the basis for its water right claims in the
28begin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert

begin delete

11 29(8)

end delete

30begin insert(9)end insert The quantity of any replenishment of water to the basin that
31augmented the basin’s native water supply, resulting from the
32intentional storage of imported or non-native water in the basin,
33managed recharge of surface water, or return flows resulting from
34the use of imported water or non-native water on lands overlying
35the basin by the party, or the party’s representative or agent, during
36each of the 10 calendar years immediately preceding the filing of
37the complaint.

begin delete

19 38(9)

end delete

P19   1begin insert(10)end insert The names, addresses, telephone numbers, and email
2addresses of all persons possessing information that supports the
3party’s disclosures.

begin delete

22 4(10)

end delete

5begin insert(11)end insert Any other information deemed appropriate by the court
6for initial disclosure inbegin delete an adjudication action.end deletebegin insert a comprehensive
7adjudication.end insert

8(b) The Judicial Councilbegin delete shallend deletebegin insert mayend insert develop a form for initial
9disclosures made pursuant to subdivision (a) to facilitate the
10consistent, independent, impartial, and accessible administration
11ofbegin delete adjudication actions.end deletebegin insert comprehensive adjudications. The Judicial
12Council may coordinate with the department in developing the
13form.end insert

14(c) (1) Unless otherwise stipulated by the parties or ordered by
15the court, and not including the plaintiff that initiates the
16begin delete adjudication action,end deletebegin insert comprehensive adjudication,end insert a party shall
17make the initial disclosures described in subdivision (a) within 60
18days afterbegin delete the initial case management conference in the
19adjudication action.end delete
begin insert appearing in the comprehensive adjudication.end insert

20(2) A plaintiff that initiatesbegin delete the adjudication actionend deletebegin insert a
21comprehensive adjudicationend insert
shall make the initial disclosures
22described in subdivision (a) at the time it files the complaint by
23lodging the required information with the court in an electronic
24format. The plaintiff shall serve the required information on the
25defendants or cross-defendants that it names when it serves the
26complaint.

27(3) The court may order, after the initial case management
28conference, any supplemental disclosures, other than those
29described in subdivision (a), that may expedite resolution of the
30begin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert

31(d) Unless otherwise ordered by the court, a party that is first
32served, or otherwise joined to thebegin delete adjudication action,end delete
33begin insert comprehensive adjudication,end insert after the initial case management
34conference shall make the disclosures described in subdivision (a)
35within 30 days after being served or joined, unless a different time
36is set by stipulation of the parties or an order of the court. The
37court shall liberally consider any motions or applications to extend
38the time for a newly-served or -joined party to make the disclosures
39described in subdivision (a).

P20   1(e) A party shall make its initial disclosures based on the
2information then reasonably available to it. A party is not excused
3from making its initial disclosures because it has not fully
4investigated the case, because it challenges the sufficiency of
5another party’s disclosures, or because another party has not made
6its disclosures.

7(f) A party that has made its initial disclosures, as described in
8subdivision (a), or that has responded to another party’s discovery
9request, shall supplement or correct a disclosure or response in
10either of the following situations:

11(1) In a timely manner if the party learns that in some material
12respect the disclosure or response is incomplete or incorrect and
13the additional or corrective information has not otherwise been
14made known to the other parties during the disclosure or discovery
15process.

16(2) As ordered by the court.

17(g) To the greatest extent possible, a party shall serve his or her
18initial disclosures electronically throughbegin delete a court-providedend deletebegin insert anend insert
19 electronic service system,begin insert an electronic document repository,end insert
20 email, or another method of electronic transmission. If it is not
21possible for the party to serve his or her disclosures electronically,
22he or she shall serve the disclosures in an electronic format saved
23on a portable storage media device such as a compact disc or flash
24drive.

25(h) A party’s obligations under this section may be enforced by
26a court on its own motion or the motion of a party pursuant to
27Section 2030.300.

28(i) A party’s disclosures under this section shall be verified
29under penalty of perjury as being true and correct to the best of
30the party’s knowledge.

31

841.  

(a) In addition to all other disclosures required by this
32chapter, a party shall disclose to the other parties the identity of
33any expert witness it may use at trial to present evidence. For
34purposes of this chapter, “expert witness” means a witness qualified
35pursuant to Section 720 of the Evidence Code.

36(b) Unless otherwise stipulated by the parties or ordered by the
37court, the disclosure made pursuant to subdivision (a) shall be
38accompanied by a written report prepared and signed by the expert
39witness if the witness is retained or specially employed by the
40party offering the expert witness to testify as an expert in the action,
P21   1or if the expert witness’s duties as the party’s employee regularly
2involves giving expert testimony. The report shall include all of
3the following:

4(1) A complete statement of all opinions the witness will express
5and the basis and reasons for those opinions.

6(2) The facts or data considered by the witness in forming his
7or her opinions.

8(3) Any exhibits the witness will use to summarize or support
9his or her opinions.

10(4) The witness’s qualifications, including a list of all
11publications authored by the witness in the previous 10 years.

12(5) A list of all other cases in which the witness testified as an
13expert at trial or by deposition in the last five years.

14(6) A statement of the compensation to be paid for the witness’s
15work and testimony in thebegin delete adjudication action.end deletebegin insert comprehensive
16adjudication.end insert

17(c) If subdivision (b) does not apply to an expert witness because
18of a stipulation by the parties or an order of the court, the witness’s
19disclosure shall include both of the following:

20(1) The subject matter on which the witness is expected to
21present evidence.

22(2) A summary of the witness’s opinions, and the facts or data
23considered by the witness in forming his or her opinions.

24(d) Unless otherwise stipulated by the parties, a party shall make
25the disclosures of any expert witness it intends to present at trial,
26except for an expert witness presented solely for purposes of
27impeachment or rebuttal, at the times and in the sequence ordered
28by the court. If there is no stipulation or court order, the disclosures
29of an expert witness shall be made as follows:

30(1) At least 30 days after the court’s entry of an order
31establishing the scope of the relevant phase of thebegin delete adjudication
32action.end delete
begin insert comprehensive adjudication.end insert

33(2) Except for a supplemental expert witness described in
34paragraph (3), at least 60 days before the date set for trial of the
35relevant phase of thebegin delete adjudication action.end deletebegin insert comprehensive
36adjudication.end insert

37(3) For a supplemental expert witness who will express an
38opinion on a subject to be covered by another expert witness
39designated by an adverse party that was not among the subjects
40covered by an expert witness initially disclosed by the party
P22   1offering the supplemental expert witness, no more than 20 days
2after the initial expert witness disclosure date.

3(e) The court may modify the disclosure requirements of
4 subdivisions (b) to (d), inclusive, for expert witnesses presented
5solely for purposes of impeachment or rebuttal. In modifying the
6disclosure requirements, the court shall adopt disclosure
7requirements that expedite the court’s consideration of the issues
8presented and shall ensure that expert testimony presented solely
9for purposes of impeachment or rebuttal is strictly limited to the
10scope of the testimony that it intends to impeach or rebut.

11(f) (1) A party whose expert witness has made a disclosure
12pursuant to this section shall promptly supplement or correct the
13expert witness’s disclosure in either of the following instances:

14(A) In a timely manner if the party learns that in some material
15respect the disclosure is incomplete or incorrect, if the additional
16or corrective information has not otherwise been made known to
17the other parties during the disclosure or discovery process.

18(B) As ordered by the court.

19(2) A party’s duty to supplement or correct its expert witness’s
20disclosure includes the information included in the report and the
21information given during the expert witness’s deposition. Unless
22otherwise stipulated by the parties or ordered by the court, any
23supplementation or correction shall occur at least 14 days before
24trial of the applicable phase of thebegin delete adjudication action.end delete
25begin insert comprehensive adjudication.end insert

26(3) The court may authorize a supplemental deposition of an
27expert witness based on a supplemental disclosure made pursuant
28to this subdivision. The court shall appropriately condition the
29authorization of a supplemental deposition of an expert witness to
30ensure the expeditious completion of the applicable phase of the
31begin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert The court may
32require the party whose expert makes the supplemental disclosure
33to pay some or all of the costs associated with the supplemental
34deposition.

35(g) To the greatest extent possible, the parties shall serve expert
36witness disclosures electronically throughbegin delete a court-providedend deletebegin insert anend insert
37 electronic service system,begin insert an electronic document repository,end insert
38 email, or another method of electronic transmission. If it is not
39possible for the party to serve his or her expert witness disclosures
40electronically, he or she shall serve the expert witness disclosures
P23   1in an electronic format saved on a portable storage media device
2such as a compact disc or flash drive.

3(h) If a party or its expert witness fails to comply with this
4section, the court may exclude the expert witness’s testimony from
5trial, authorize additional depositions of the expert witness at the
6party’s expense, or take other appropriate action upon the noticed
7motion, or ex parte application, of a party.

8

842.  

(a) A court inbegin delete an adjudication actionend deletebegin insert comprehensive
9adjudicationend insert
may require the parties to submit written testimony
10of relevant witnesses in the forms of affidavits or declarations
11under penaltybegin delete orend deletebegin insert ofend insert perjury in lieu of presenting live testimony.
12The required written testimony may include, but is not limited to,
13expert witness opinions and testimony that authenticates
14documentary evidence. The court may order that the written
15testimony constitutes the entirety of the witness’s direct testimony,
16require the written testimony to include any exhibits offered in
17support of the written testimony, and, in the case of written
18testimony of an expert witness, require a statement of the witness’s
19qualifications.

20(b) If the court requires the submission of written testimony
21 pursuant to subdivision (a), a complete copy of the direct testimony
22shall be served at least 21 days before trial of the applicable phase
23of thebegin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert A complete
24copy of any rebuttal testimony shall be served no later than the
25first day of trial of the applicable phase of thebegin delete adjudication action.end delete
26begin insert comprehensive adjudication.end insert The court shall ensure the rebuttal
27testimony is strictly limited to the scope of the direct testimony to
28which it responds.

29(c) If the contents of the written testimony would have been
30admissible if the witness testified orally, the written testimony
31shall be received by the court as a documentary exhibit if, at the
32trial of the applicable phase of thebegin delete adjudication action,end delete
33begin insert comprehensive adjudication,end insert the witness whose written testimony
34is being offered is made available for cross-examination by all
35parties.

36

843.  

(a) Inbegin delete an adjudication action,end deletebegin insert comprehensive adjudication,end insert
37 the court may appoint a special masterbegin delete whoseend deletebegin insert to report on legal
38and factual issues designated under a specific order of reference.
39A special master’send insert
duties may include the following:

P24   1(1) Initiating a technical committee consisting of the parties,
2the parties’ designated representatives, or both, to conduct joint
3factfinding as to the basin’s safe yield of groundwater, water
4demand, and any other technical issues, as directed by the court.
5The special master shall compile a technical report of the findings
6in accordance with Section 844.

7(2) begin deleteConducting or facilitating mediation or end deletebegin insertOverseeing end insert
8settlement discussions.

9(3) Performing other tasks the court may deem appropriate.

10(b) The special master may bebegin insert one or more individualsend insert employed
11by the court asbegin delete aend delete full-time or part-timebegin delete employee,end deletebegin insert employees,end insert or
12retained asbegin delete anend delete independentbegin delete contractor.end deletebegin insert contractors.end insert A special
13master’s compensation and other expenses related to the conduct
14ofbegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert shall be
15fixed by the court, apportioned pro rata to the extent reasonably
16feasible to do so, and paid by all parties unless the parties agree
17to another allocation or the court determines that, in the interests
18of justice, another allocation is necessary. The court may provide
19for the collection and disbursement of special master fees as it
20deems appropriate.

21(c) (1) To assist trial courts in selecting special masters the
22department shall, on or before January 1, 2017, establish and
23maintain a list of individuals who may serve as special masters in
24begin delete adjudication actions.end deletebegin insert comprehensive adjudications.end insert To be placed
25on the listbegin insert,end insert an individual shall have at least 10 years experience as
26either of the following:

27(A) A licensed professional engineer, professional hydrologist,
28or professional geologist.

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

30(2) The department shall establish any other qualifications that
31may be appropriate to ensure that individuals placed on the list are
32qualified to assist a court inbegin delete an adjudication action.end deletebegin insert a
33comprehensive adjudication.end insert

34

844.  

(a) If a technical committee is established pursuant to
35Section 843, the special master shall provide all parties with a copy
36of a draft technical report he or she prepares and a notice setting
37a day at least 60 days after the draft technical report has been
38provided to all parties before which the parties may submit to the
39special master written objections to the draft technical report.

P25   1(b) An objection to the draft technical report shall identify the
2specific grounds and evidence on which the objection is based.
3Within 10 days after the close of the period for filing objections,
4the special master shall provide copies of the objections to all
5parties.

6(c) The special master may notice and hold hearings, as he or
7she deems appropriate, to gather information or address issues
8raised in the objections to the draft technical report.

9(d) The special master shall consider the objections to the draft
10technical report and develop a final certified copy of the technical
11report that shall be filed with the court, together with a certified
12copy of all evidence considered by the special master in preparing
13the draft technical report, all evidence identified in the objections
14to the draft technical report, and all evidence considered by the
15special master in preparing the final technical report.

16

845.  

Chapter 2 (commencing with Section 1115) of Division
179 of the Evidence Code shall apply to all mediations, settlement
18conferences, and other similar out-of-court negotiations in
19begin delete adjudications actionsend deletebegin insert comprehensive adjudicationsend insert subject to this
20chapter.

21

846.  

(a) It is the policy of the state to encourage the
22compromise and settlement ofbegin delete adjudication actions.end deletebegin insert comprehensive
23adjudications.end insert

24(b) Upon the motion of any party tobegin delete an adjudication action,end deletebegin insert a
25comprehensive adjudication,end insert
a court may do any of the following:

26(1) Staybegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert
27 for a period of up to one year, subject to renewal in the court’s
28discretion upon a showing of good cause, in order to facilitate any
29of the following:

30(A) (i) Timely development of a groundwater sustainability
31plan under the Sustainable Groundwater Management Act that
32may serve as the basis of a stipulated judgment setting forth a
33physical solution for management of the basin.

34(ii) If the court staysbegin delete an adjudication actionend deletebegin insert a comprehensive
35adjudicationend insert
for purposes of facilitating timely progress on a
36groundwater sustainability plan, the court may direct the parties
37to provide the court with regular updates on the progress in
38developing the groundwater sustainability plan.

39(B) Technical studies that may be useful to the parties in
40developing a stipulated judgment or physical solution.

P26   1(C) Voluntary mediation on all, or a portion of, the subject
2matters or legal questions identified in thebegin delete adjudication actionend delete
3begin insert comprehensive adjudicationend insert or any phase of thebegin delete adjudication
4action.end delete
begin insert comprehensive adjudication.end insert

5(D) Compromise and settlement of thebegin delete adjudication action,end delete
6begin insert comprehensive adjudication,end insert a phase of thebegin delete adjudication action,end delete
7begin insert comprehensive adjudication,end insert or any subject matter of the
8begin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert or a phase of the
9begin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert

10(2) Schedule mandatory mediation and appointment of a neutral
11mediator concerning thebegin delete adjudication action,end deletebegin insert comprehensive
12adjudication,end insert
a phase of thebegin delete adjudication action,end deletebegin insert comprehensive
13adjudication,end insert
or any subject matter of thebegin delete adjudication actionend delete
14begin insert comprehensive adjudicationend insert or a phase of thebegin delete adjudication action.end delete
15begin insert comprehensive adjudication.end insert

16(3) Schedule phases of trial in combination with mandatory
17mediation for purposes of fostering compromise concerning the
18begin delete adjudication action,end deletebegin insert comprehensive adjudication,end insert a phase of the
19begin delete adjudication action,end deletebegin insert comprehensive adjudication,end insert or any subject
20matter of thebegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert or
21a phase of thebegin delete adjudication action.end deletebegin insert comprehensive adjudication.end insert

22(c) A stay may be extended for up to one year at a time. If a
23party opposes an extension of a stay, a stay may only be granted
24after a showing that there is good progress being made on the
25issues that were identified as the reasons for thebegin delete stay.end deletebegin insert stay and that
26no rights or interest would be impaired by the stay.end insert
The total time
27periodbegin delete an adjudication actionend deletebegin insert a comprehensive adjudicationend insert may
28be stayed shall not exceedbegin delete 3end deletebegin insert 5end insert years.

29(d) A stay pursuant to this section shall not stay, or otherwise
30delay, the parties’ obligations to provide initial disclosures pursuant
31to Section 840 unless the court determines the initial disclosures
32will not benefit resolution of thebegin delete adjudication action.end delete
33begin insert comprehensive adjudication.end insert

34

847.  

(a) begin deleteIf a party, or a group of parties, submits a proposed
35stipulated judgment that is supported by (1) more than 50 percent
36of all named parties in the adjudication action and (2) groundwater
37rights holders holding title to at least 75 percent of the groundwater
38production during the past 10 years in the basin, the court shall end delete
begin insertA
39party or parties may submit a proposed stipulated judgment to the
40court. The court may end insert
impose any physical solution that is part of
P27   1the stipulated judgment as a component of the final judgment in
2thebegin delete adjudication actionend deletebegin insert comprehensive adjudicationend insert if the physical
3solution satisfies all of the following criteria:

4(1) It furthers the interests of the state in ensuring that the water
5resources of the state are put to beneficial use to the fullest extent
6that they are capable, as required by Section 2 of Article X of the
7California Constitution.

8(2) It is consistent with all water right priorities in the basin.

9(3) It treats all objecting parties equitably as compared to the
10stipulating parties.

begin delete

11(b) A party objecting to a proposed stipulated judgment shall
12demonstrate, by a preponderance of the evidence, that the proposed
13stipulated judgment does not satisfy the criteria described in
14paragraphs (1) to (3), inclusive, of subdivision (a). If the objecting
15party is unable to make this showing, the court may impose the
16proposed stipulated judgment on all parties.

end delete
begin insert

17(b) A party may object to a stipulated judgment proposed
18pursuant to this section on the basis that it does not satisfy the
19criteria described in subdivision (a). The stipulated judgment may
20be in effect while any objections are being resolved.

end insert
begin insert
21

begin insert848.end insert  

(a) Before the court issues a final judgment in the
22comprehensive adjudication, a party may file a motion for an order
23determining that the judgment is consistent with the sustainability
24goal of the Sustainable Groundwater Management Act.

25(b) The department may provide a report to the court evaluating
26if the judgment is consistent with the sustainability goal of the
27Sustainable Groundwater Management Act.

28(c) If the court determines that the judgment will achieve the
29sustainability goal for the basin established by the Sustainable
30Groundwater Management Act, the judgment shall be considered
31an alternative to a groundwater sustainability plan and shall be
32deemed to satisfy the objectives of the Sustainable Groundwater
33Management Act.

34(d) The court shall have sole jurisdiction to determine if the
35judgment complies with the Sustainable Groundwater Management
36Act.

37(e) The court may consider a motion made pursuant to
38subdivision (a) for a proposed judgment before the court enters
39the judgment.

P28   1(f) For purposes of this section, “judgment” means a judgment,
2settlement, or other final order concluding proceedings in the
3comprehensive adjudication in the superior court.

end insert
begin insert
4

begin insert849.end insert  

The court may appoint a groundwater sustainability
5agency may be appointed by the court to serve as the watermaster
6in any judgment entered in a comprehensive adjudication.

end insert
7

SEC. 2.  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



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