BILL NUMBER: AB 1390 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 6, 2015
AMENDED IN ASSEMBLY MAY 18, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
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 for a comprehensive
adjudication, which is defined as an action filed in superior court
to comprehensively determine the rights to extract groundwater in a
basin. The bill would authorize the court to determine all
rights to groundwater in a basin
rights of a basin, whether based on appropriation, overlying
right, or other basis of right. The bill would require
provide that these special procedures
to govern all governing comprehensive
adjudications except in cases not involving
do not apply in certain cases that do not involve a
comprehensive allocation of a basin's groundwater 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. supply.
This bill would require a complaint filed in an adjudication
action to name certain defendants, including all general or special
districts managing or replenishing groundwater resources in 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 certain disclosures related to the plaintiff'
s groundwater use. The bill 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
rights to extract groundwater within the basin in accordance with the
special procedures for comprehensive adjudications. 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 a comprehensive adjudication,
authorizing the service of the landowners of the basin, and requiring
the assessor or assessors of the county or counties in which the
basin to be adjudicated lies to provide the plaintiff access to
certain records. After the court order is issued, to
be lodged by the plaintiff with the court when filing the complaint.
Within 30 days of the assignment of a judge by the Chairperson of the
Judicial Council, the bill would require the plaintiff to file an ex
parte application for approval of the draft notice and draft form
answer. Following a court order approving the notice and form answer
and authorizing service of landowners, as specified, the bill
would require the plaintiff to identify the assessor parcel numbers
and physical addresses of all real property within
in the basin and the names and addresses of all holders
of fee title to real property within in
the basin, as specified; mail the notice, complaint, and form answer
to all holders of fee title to real property in the basin, as
specified; and publish the notice in one or more newspapers of
general circulation, as specified. The bill would require the
plaintiff to file with the court a notice of the completion of the
mailing, and within 60 days after service is authorized,
of the court order authorizing service of landowners,
to prepare and file a for recording the
notice of the comprehensive adjudication in the office of the
county recorder of each county overlying the basin in whole or in
part. The bill, on the 60th day following completion of the mailing,
as described above, 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 comprehensive
adjudication for purposes of establishing in rem jurisdiction and the
comprehensive effect of the comprehensive adjudication. The
bill would authorize a groundwater sustainability agency for the
basin or a portion of the basin, a city, county, or city and county
that overlies the basin or a portion of the basin, certain persons,
and the state to intervene in a comprehensive adjudication.
This bill would authorize the court to convene a case management
conference at such time the court deems appropriate, after
which the court could divide the comprehensive adjudication into
phases based on its own discretion or the motion of a party. The bill
would require the court to define the scope of any phase of the
comprehensive adjudication by written order. The bill 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 a comprehensive adjudication, 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. and would authorize the court to consider
certain matters, including dividing the case into phases to resolve
legal and factual issues, in the initial case management conference
or as soon as practicable. In addition, the bill would require
each party to make, under penalty of perjury,
serve within 6 months of appearing in the comprehensive
adjudication, specified initial disclosures made under
penalty of perjury to all other named parties and a special
master, if one has been assigned in the action, within 60
days after appearing in the comprehensive adjudication, except a
plaintiff would be required to make the initial disclosures at the
time it files the complaint. action. 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 one or more special
masters 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 bill 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 comprehensive adjudications and would
prescribe the experience needed for an individual to be placed on the
list. whose duties could include, among other things,
investigating technical and legal issues, as directed by the court,
and compiling a report of the findings, as specified. The bill would
authorize the court to request the State Water Resources Control
Board or the Department of Water Resources to recommend candidates
for appointment as a special master or to review the qualifications
of candidates.
This bill would authorize the court, upon a showing that the basin
is in a condition of long-term overdraft, to issue a preliminary
injunction that could include, among other things, a moratorium on
new or increased appropriations of water. The bill would provide that
a judgment in a comprehensive adjudication is binding on the parties
to the action, their agents and employees, and all their successors
in interest. The bill would also provide the court with continuing
jurisdiction to modify or amend a final judgment in a comprehensive
adjudication in specified instances.
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 comprehensive groundwater adjudication actions have
taken more than a decade before issuance of a final judgment by the
court in the action.
(4) In light of the scope and complexities of comprehensive
groundwater adjudication actions, the state's welfare will be
promoted by the development of specially tailored legal procedures to
efficiently process actions to comprehensively determine rights to
extract groundwater in a basin.
(b) It is the intent of the Legislature to do all of the
following:
(1) Develop procedures to provide a more efficient process to
comprehensively adjudicate groundwater rights, 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 rights to extract groundwater in a basin.
(3) Encourage early resolution of groundwater rights disputes.
(4) Substantially reduce the time and expense of comprehensive
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. (a) This chapter establishes methods and procedures for a
comprehensive adjudication.
(b) This chapter shall be applied and interpreted consistently
with all of the following:
(1) Protecting water rights consistent with Section 2 of Article X
of the California Constitution.
(2) Conducting a comprehensive adjudication in a manner that
promotes efficiency, reduces unnecessary delays, and provides due
process.
(3) Encouraging the compromise and settlement of comprehensive
adjudications.
(4) Conducting a comprehensive adjudication in a manner that is
consistent with the achievement of groundwater sustainability within
the timeframes of the Sustainable Groundwater Management Act.
(5) Establishing procedures by which courts may conduct
comprehensive determinations of all rights and priorities to
groundwater in a basin.
(6) Providing for the conduct of a comprehensive adjudication
consistent with Winters v. United States (1908) 207 U.S. 564, the
McCarran Amendment (codified at 43 U.S.C. Sec. 666), and any other
federal laws regarding the determination of federal or tribal water
rights, as applicable.
(7) Providing notice and due process sufficient to enable a court
in a comprehensive adjudication conducted pursuant to this chapter to
determine and establish the priority for unexercised water rights.
(c) This chapter shall not alter groundwater rights or the law
concerning groundwater rights. The other provisions of this code
apply to procedures in a comprehensive adjudication to the extent
they do not conflict with the provisions of this chapter.
831. In a comprehensive adjudication of a basin required to have
a groundwater sustainability plan under the Sustainable Groundwater
Management Act, the court shall manage the proceedings in a manner
that minimizes interference with the timely completion and
implementation of a groundwater sustainability plan, avoids
redundancy and unnecessary costs in the development of technical
information and a physical solution, and is consistent with the
attainment of groundwater sustainability within the timeframes
established by the Sustainable Groundwater Management Act.
830.5. 832. For purposes of this
chapter, the following definitions apply:
(a) "Basin" means a groundwater basin or subbasin identified
pursuant to Section 839. 841.
(b) "Bulletin 118" means the department's report entitled
"California's Groundwater: Bulletin 118" updated in 2003, as it may
be subsequently updated or revised.
(c)
(b) "Complaint" means a complaint filed in superior
court to determine rights to extract groundwater and includes any
cross-complaint that initiates a comprehensive adjudication in
response to a plaintiff's complaint or other cross-complaint.
(d)
(c) "Comprehensive adjudication" means an action filed
in superior court to comprehensively determine rights to extract
groundwater in a basin.
(d) "Condition of long-term overdraft" means the condition of a
groundwater basin where the average annual amount of water extracted
for a long-term period, generally 10 years or more, exceeds the
long-term average annual supply of water to the basin, plus any
temporary surplus. Overdraft during a period of drought is not
sufficient to establish a condition of long-term overdraft if
extractions and recharge are managed as necessary to ensure that
reductions in groundwater levels or storage during a period of
drought are offset by increases in groundwater levels or storage
during other periods.
(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 a
comprehensive adjudication and includes a cross-complainant who
initiates a comprehensive adjudication by cross-complaint.
(k) "Public water system" has the same meaning as defined in
Section 116275 of the Health and Safety Code.
(l) "State small water system" has the same meaning as defined in
Section 116275 of the Health and Safety Code.
(k)
( m) "Sustainable Groundwater Management Act"
means the provisions of Part 2.74 (commencing with Section 10720) of
Division 6 of the Water Code.
Article 2. Scope of Action
831. 833. (a) Except as provided in
subdivision (e), (b), this chapter
establishes special procedures for an action
applies to actions that would comprehensively determine rights
to extract groundwater in a basin, whether based on appropriation,
overlying right, or other basis of right. This chapter
applies to an Indian tribe and the federal government, to the extent
authorized by federal law. This chapter shall not alter groundwater
rights or the law concerning groundwater rights. The other provisions
of this code apply to procedures in a comprehensive adjudication to
the extent they do not conflict with the provisions of this chapter.
(b) The court's final judgment in a comprehensive adjudication, 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
comprehensive adjudication.
(c) The procedures of this chapter shall govern all comprehensive
adjudications. If the court finds any one of the following, the
action shall proceed in accordance with other provisions of law:
(b) This chapter does not apply to any of the following:
(1) The An action that
concerns only claims that the operation of a party's
allegations that a groundwater extraction
facility facility, or group of facilities,
is interfering with the physical availability of
groundwater to one or more other parties' another
groundwater extraction facility or facilities and does not
involve a comprehensive allocation of the basin's groundwater supply.
(2) The An action that
concerns only claims to extract, or to prevent interference with
extractions of, a specific source of groundwater recharge and does
not involve a comprehensive allocation of the basin's groundwater
supply.
(3) The An action
that can be resolved among a limited number of parties and does
not involve a comprehensive determination of rights to extract
groundwater within the basin.
(4) The Antelope Valley Groundwater Cases (Judicial Council
Coordination Proceedings No. 4408).
(d)
(c) In implementing this chapter and applying the other
provisions of this code in a comprehensive adjudication, the court
should expedite resolution of the comprehensive adjudication 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.
(e) This chapter does not apply to the Antelope Valley Groundwater
Cases (Judicial Council Coordination Proceedings No. 4408).
834. (a) In a comprehensive adjudication conducted pursuant to
this chapter, the court may determine all groundwater rights of a
basin, whether based on appropriation, overlying right, or other
basis of right.
(b) The court's final judgment in a comprehensive adjudication,
for the groundwater rights 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
comprehensive adjudication.
Article 2. Commencement of Action
Article 3. Notice and Service of Complaint
832. 835. (a) Unless a court orders
otherwise for good cause, the complaint in a comprehensive
adjudication shall name all of the following persons as defendants:
(1) All general or special districts managing or replenishing
groundwater resources in the basin in whole or in part.
(2) The operator of a public water system that uses groundwater
from the basin to supply water service.
(3) The operator of a state small water system that uses
groundwater from the basin to supply water service.
(b) The complaint in a comprehensive adjudication shall identify
all counties or cities that provide water service and overlie the
basin in whole or in part.
(c) Within 30 days of the filing of the complaint, both of the
following shall occur:
(1) The plaintiff shall serve the complaint on all persons named
as defendants pursuant to subdivision (a) and all counties or cities
identified in the complaint pursuant to subdivision (b) 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.
(d) The court shall allow the following persons to intervene in
the comprehensive adjudication:
(1) A county or city identified in the complaint pursuant to
subdivision (b). A county or city identified in the complaint
pursuant to subdivision (b) that files an ex parte application shall
give notice to the plaintiff consistent with the California Rules of
Court.
(2) A person demonstrating, upon an ex parte application, that
that 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 rights to extract groundwater within 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
comprehensive adjudication unless the comprehensive adjudication is
completed.
(3) Pursuant to Section 847, the parties have agreed to a proposed
judgment in the comprehensive adjudication.
(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
comprehensive adjudication.
(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 that does all
of the following:
(1) Declares that the case is a comprehensive adjudication subject
to this chapter.
(2) Authorizes service of landowners in accordance with Section
833.
(3) Requires the assessor or assessors of the county or counties
in which the basin to be adjudicated lies to provide the plaintiff
with access to any records necessary to obtain the information
required under Section 833.
(c) If, after the preliminary hearing, the court finds that no
condition described in paragraphs (1) to (4), inclusive, of
subdivision (a) is met, the court shall either dismiss the 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 limited to the matters listed in paragraphs (1) to (4),
inclusive, of subdivision (a). The court shall actively manage the
expedited discovery to minimize the burdens on responding parties and
to prevent delays to the extent possible.
833. 836. (a) At the same
time as filing When the plaintiff files the
complaint, the plaintiff shall lodge all of the following
with the court: also lodge with the court both of the
following:
(1) (A) 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. You may file an answer by completing the
attached form answer, filing it with the court indicated in this
notice, and 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."
(B) The following information shall be provided immediately
following the text described in subparagraph (A):
(i) The name of the basin that is the subject of the comprehensive
adjudication. adjudication and a
link to the Internet Web site address where the department has posted
a map of the basin.
(ii) A space to be completed with the case number assigned to the
comprehensive adjudication, and the name and address of the court and
department to which the action is assigned.
(iii) The name, address, telephone number, and email address of
the plaintiff, or plaintiff's attorney, from which the complaint may
be obtained. obtained and to whom a copy of
the form answer should be sent.
(iv) A statement advising anyone claiming the right to use
groundwater within the basin that he or she must file an answer with
the court within 90 days after service by mail, as provided for in
this section.
(v)
(iv) A summary of the causes of action alleged in the
complaint and the relief sought. The summary shall not exceed 25
lines.
(v) A date by which persons receiving the notice must appear in
the comprehensive adjudication.
(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 a comprehensive adjudication is
sufficient to put at issue all material allegations and applicable
affirmative defenses to the complaint in the comprehensive
adjudication. 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).
(3) The initial disclosures required to be lodged by the plaintiff
pursuant to Section 840.
(b) Within 15 days of a court order authorizing service
of landowners pursuant to subdivision (b) of Section 832.5,
30 days of the assignment of a judge by the Chairperson of the
Judicial Council, the plaintiff shall file an ex parte
application that seeks the court's approval of plaintiff's
for approval of the draft notice and draft form
answer filed pursuant to subdivision (a). The plaintiff shall provide
notice of the ex parte application to all parties in accordance with
the California Rules of Court regarding ex parte hearings. Notice
may be provided electronically. 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).
(c) Once the court approves the draft notice, service of that
notice in accordance with this section shall substitute for the
summons otherwise provided for in civil actions pursuant to Section
412.20.
(d) (1) Following a court order approving the notice and form
answer and authorizing service of landowners pursuant to this
section, the plaintiff shall do all of the following:
(A) Identify the assessor parcel numbers and physical addresses of
all real property within in the basin
and the names and addresses of all holders of fee title to real
property within in the basin using the
records of the assessor or assessors of the county or counties in
which the basin to be adjudicated lies. The plaintiff shall provide
the court and all parties with notice of its acquisition of, or
sufficient access to, this information.
(B) Mail, by registered mail or certified mail, return receipt
requested, the notice, complaint, and form answer to all holders of
fee title to real property in the basin. If the physical address of
the real property differs from the address of the holder of fee
title, the notice, complaint, and form answer shall be mailed by
registered or certified mail, return receipt requested, to the
physical address of the real property and the address of the holder
of fee title.
(C) If return receipt is not received for a parcel of real
property, the plaintiff shall post a copy of the notice, complaint,
and form answer in a conspicuous place on the real property.
(D) Within 20 days of the court order, publish the notice at least
once per week for four consecutive weeks in one or more newspapers
of general circulation in each county overlying the basin in whole or
in part.
(2) Service pursuant to this subdivision is not required if the
real property is part of owned by a
class of water users that are otherwise noticed in accordance with
this chapter.
(e) Upon completion of After completing
the mailing pursuant to subdivision (d), the plaintiff shall
file with the court a notice of the completion of the mailing.
(f) Within 60 days after service is authorized,
of the court order authorizing service of landowners pursuant
to this section, the plaintiff shall prepare and file
a for recording the notice of the comprehensive
adjudication in the office of the county recorder of each county
overlying the basin in whole or in part. The notice shall be recorded
in a manner so as to ensure that a person
that anyone researching the title of a parcel will find the
notice.
(g) Following a court order authorizing service of landowners
pursuant to this section, the plaintiff shall serve any known person
that pumps groundwater who would not otherwise be served pursuant to
subdivision (d) of this section or noticed pursuant to paragraph (1)
of subdivision (c) of Section 832. 835.
Service pursuant to this subdivision may be by personal delivery or
by mail in the manner prescribed by Article 3 (commencing with
Section 413.10) 415.10) of Chapter 4 of
Title 5.
(h) Service on the United States shall be made in accordance with
Section 666 of Title 43 of the United States Code.
(i) The court may authorize any other procedures it finds
appropriate and necessary to provide notice to persons who may hold
groundwater rights in the basin.
(j) On the 60th day following completion of the mailing, as set
forth in this section, and notwithstanding any other law, the
fulfillment of the service provisions of this section, the
publication provisions of paragraph (2) of subdivision (c) of Section
832, 835, 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 comprehensive adjudication for purposes of establishing in rem
jurisdiction and the comprehensive effect of the comprehensive
adjudication.
(k) The court may require notice to be made available in languages
other than English.
(l) The plaintiff shall provide the notice, complaint, and form
answer to the department. The department shall post the notice,
complaint, and form answer on the department's Internet Web site
within 15 days of receipt.
(m) Section 389 shall not apply to a failure to join the United
States or an Indian tribe to a comprehensive adjudication.
834. Within 15 days of the service of a complaint against or by a
local agency in a comprehensive adjudication, the court may, and
upon the motion of any party the court shall, request the chairperson
of the Judicial Council to assign a judge from a neutral county to
hear the comprehensive adjudication 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 a comprehensive adjudication there may only be two
disqualifications of judges pursuant to Section 170.6, and only one
disqualification by each side. For purposes of this section, in a
comprehensive adjudication the parties claiming overlying groundwater
rights will be on one
side of the action and the parties claiming appropriative groundwater
rights will be on the other side of the action. A request or motion
to disqualify a judge under Section 170.6 shall be filed after
service is completed pursuant to Section 833 and within 30 days of a
judge being assigned.
836. (a) A comprehensive adjudication 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 comprehensive adjudication
is not complex.
(b) The presiding judge shall assign a comprehensive adjudication
to one judge for all purposes.
Article 4. Intervention
837. (a) A groundwater sustainability agency for the basin or a
portion of the basin may intervene in a comprehensive adjudication
conducted pursuant to this chapter.
(b) A city, county, or city and county that overlies the basin or
a portion of the basin may intervene in a comprehensive adjudication
conducted pursuant to this chapter.
(c) The court shall allow any person to intervene in a
comprehensive adjudication conducted pursuant to this chapter upon an
ex parte application that demonstrates that the person holds fee
simple ownership in a parcel in the basin, or extracts or stores
water in the basin. A person filing an ex parte application pursuant
to this subdivision shall give notice to the plaintiff consistent
with the California Rules of Court.
(d) Upon timely motion, the court shall permit the state to
intervene in a comprehensive adjudication conducted pursuant to this
chapter if the state claims an interest relating to the comprehensive
adjudication and the state is so situated that disposing of the
comprehensive adjudication may, as a practical matter, impair or
impede the state's ability to protect its interest.
Article 5. Judge
838. (a) In a comprehensive adjudication conducted pursuant to
this chapter, a judge of a superior court of a county that overlies
the basin or any portion of the basin shall be disqualified. The
Chairperson of the Judicial Council shall assign a judge to preside
in all proceedings in the comprehensive adjudication.
(b) A comprehensive adjudication is presumed to be a complex
action within the meaning of Rule 3.400 of the California Rules of
Court unless a party demonstrates that the comprehensive adjudication
is not complex.
(c) Sections 170.6 and 394 shall not apply in a comprehensive
adjudication.
(d) Notwithstanding subdivision (b) of Section 10726.2 of the
Water Code, an action against a groundwater sustainability agency
that is located in a basin that is being adjudicated pursuant to this
chapter shall be subject to transfer, coordination, and
consolidation with the comprehensive adjudication, as appropriate, if
the action concerns the adoption, substance, or implementation of a
groundwater sustainability plan, or the groundwater sustainability
agency's compliance with the timelines in the Sustainable Groundwater
Management Act.
(e) The judge assigned by the Chairperson of the Judicial Council
pursuant to subdivision (a) shall determine if transfer,
coordination, or consolidation is appropriate.
Article 6. Electronic Service
837. 839. Service of pleadings and
papers in a comprehensive adjudication, other than the complaint
initiating a comprehensive adjudication, shall occur electronically
to the greatest extent possible. The court may provide, or authorize
the use of, an electronic service system. If an electronic service
system is not provided or authorized by the court, the court and the
parties shall serve documents by email or other equivalent electronic
means to the greatest extent possible. To enable electronic service
of pleadings and papers, the attorneys of record or parties
representing themselves shall include an email address for service in
the captions of all pleadings they file in the comprehensive
adjudication.
Article 3. Conduct of Action
838. (a) In managing a comprehensive adjudication the court may,
notwithstanding any other law, convene a case management conference
at such time the court deems appropriate.
(b) After service is completed pursuant to Section 833 and a case
management conference is held, the court may, based on its own
discretion or the motion of a party, divide the comprehensive
adjudication into phases. This section does 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 comprehensive adjudication 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 comprehensive adjudication.
(c) In a phase of a comprehensive adjudication, 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 comprehensive
adjudication. 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
comprehensive adjudication unless reversed or modified by an
appellate court. Appellate review of a court's written statement of
decision that concludes a phase of the comprehensive adjudication 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 a comprehensive adjudication shall be the basin boundaries
identified in Bulletin 118 as of the date the complaint initiating
the comprehensive adjudication is filed. The plaintiff shall use
these boundaries in initiating the procedures to serve the complaint
on landowners in a comprehensive adjudication in accordance with
Section 833.
(b) The court may consider adjusting a basin's boundaries at the
initial phase of a comprehensive adjudication. 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 comprehensive adjudication pending the department's
resolution of any boundary adjustments. During the stay, the court
may require the parties to make initial disclosures pursuant to
Section 840.
(c) If a court, following receipt of the department's
recommendations, determines the basin's boundaries separately and
before the trial of other issues in the comprehensive adjudication,
the basin's boundaries as determined by the court shall be the basin'
s boundaries for all purposes in all subsequent phases of the
comprehensive adjudication. Appellate review of a court's
determination of the basin's boundaries may be by writ only and shall
not be subject to any later writ or appeal.
Article 7. Case Management
840. (a) In managing a comprehensive adjudication, the court
shall convene a case management conference as provided by the
California Rules of Court.
(b) In an initial case management conference, or as soon as
practicable, the court may consider the following in addition to
other matters:
(1) Determining whether to seek adjustment of the basin boundaries
pursuant to Section 841.
(2) Staying the action pursuant to Section 848.
(3) Appointing a special master pursuant to Section 845.
(4) Scheduling a hearing on a preliminary injunction pursuant to
Section 847.
(5) Dividing the case into phases to resolve legal and factual
issues.
(6) Issuing orders to ensure that issues resolved in one phase are
not relitigated in another phase.
(7) Limiting discovery to correspond to the phases.
(8) Scheduling early resolution of claims to prescriptive rights.
(9) Forming a class or classes of overlying groundwater rights
holders pursuant to the criteria specified in Section 382.
Article 8. Basin Boundaries
841. (a) (1) Except as otherwise provided in this section, the
boundaries of the area subject to a comprehensive adjudication shall
be consistent with the boundaries of a basin.
(2) If the department revises the boundaries of a basin pursuant
to Section 10722.2, or subdivision (b) of Section 12924, of the Water
Code after a comprehensive adjudication has been initiated, the
court may revise the boundaries of the area subject to the
comprehensive adjudication as the interests of justice and the
objectives of this chapter require.
(3) Upon a showing that a revision of the basin boundaries would
further a fair and effective determination of water rights, the court
may direct any of the following to submit a request to the
department pursuant to Section 10722.2 of the Water Code to revise
the basin boundaries:
(A) A party to the comprehensive adjudication.
(B) The State Water Resources Control Board, if the court has made
a reference pursuant to Part 3 (commencing with Section 2000) of
Division 2 of the Water Code.
(C) A special master, if one has been appointed.
(4) The court shall consider the department's response to a
request submitted pursuant to paragraph (3) and establish the area
subject to a comprehensive adjudication as the interests of justice
and the objective of this chapter require. The department shall
revise the basin boundaries to conform to the comprehensive
adjudication.
(b) If the court finds that including an interconnected surface
water body or subterranean stream flowing through known and definite
channels is necessary for the fair and effective determination of the
groundwater rights in a basin, the court may require the joinder of
persons who claim rights to divert and use water from that surface
water body or subterranean stream in a comprehensive adjudication
conducted pursuant to this chapter.
(c) If the court finds that claims of right to extract or divert
only minor quantities of water, not to exceed five acre-feet of water
per year, would not have a material effect on the groundwater rights
of other parties, the court may exempt those claimants with respect
to those claims for only minor quantities of water, but a person who
is exempted may elect to continue as a party to the comprehensive
adjudication.
Article 9. Initial Disclosures
840. 842. (a) Except as otherwise
stipulated by the parties or ordered by the court, and
without waiting for a discovery request, a party shall provide to all
other named parties and, if one has been assigned in the action, the
special master, initial disclosures that include
within six months of appearing in a comprehensive adjudication, a
party shall serve on the other parties and the special master, if one
is appointed, an initial disclosure that includes
all of the following information:
(1) The name, address, telephone number, and email address of the
party completing a form developed pursuant to subdivision
(b). party and, if applicable, the party's attorney.
(2) The quantity of any groundwater extraction
extracted from the basin by the party, or the
party's representative or agent, during each of the 10 calendar years
immediately party and the method of measurement used
by the party or the party's predecessor in interest for each of the
previous five years preceding the filing of the complaint.
(3) The claimed basis of the right to extract groundwater.
(4) 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.
(5) The location of any extraction of groundwater from the basin
by the party, or the party's representative or agent.
(6) 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.
(3) The type of water right or rights claimed by the party for the
extraction of groundwater.
(4) A general description of the purpose to which the groundwater
has been put.
(5) The location of each well or other source through which
groundwater has been extracted.
(6) The area in which the groundwater has been used.
(7) Any claims for increased or future use of groundwater.
(7)
(8) 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.
(8)
(9) Identification of all surface water rights and
contracts that the party claims provides the basis for its water
right claims in the comprehensive adjudication.
(9)
(10) 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.
(10)
(11) The names, addresses, telephone numbers, and email
addresses of all persons possessing information that supports the
party's disclosures.
(11)
(12) Any other information deemed appropriate
by the court for initial disclosure in a comprehensive adjudication.
facts that tend to prove the party's claimed water
right.
(b) The Judicial Council may develop a form for initial
disclosures made pursuant to subdivision (a) to facilitate the
consistent, independent, impartial, and accessible administration of
comprehensive adjudications. The Judicial Council may coordinate with
the department in developing the form.
(c) (1) Unless otherwise stipulated by the parties or ordered by
the court, and not including the plaintiff that initiates the
comprehensive adjudication, a party shall make the initial
disclosures described in subdivision (a) within 60 days after
appearing in the comprehensive adjudication.
(2) A plaintiff that initiates a comprehensive adjudication 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 comprehensive
adjudication.
(d) Unless otherwise ordered by the court, a party that is first
served, or otherwise joined to the comprehensive adjudication, 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)
(c) 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)
(d) 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 all 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) If the party extracts groundwater from the basin after the
complaint is filed. A supplement filed pursuant to this paragraph
shall report the quantity of water extracted and be filed within 90
days after the end of the calendar year.
(2)
(3) As ordered by the court.
(g)
(e) To the greatest extent possible, a party shall
serve his or her initial disclosures electronically through
an electronic service system, an electronic document repository,
email, or another method of electronic transmission.
electronically. 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)
(f) 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. to compel
disclosure.
(i)
(g) 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.
Article 10. Expert Witnesses
841. 843. (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 comprehensive adjudication.
(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 comprehensive
adjudication.
(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 comprehensive adjudication.
(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 comprehensive adjudication.
(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
comprehensive adjudication. 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 an electronic
service system, an electronic document repository, 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.
Article 11. Written Testimony
842. 844. (a) A court may require
the parties in a comprehensive adjudication to submit written
testimony of relevant witnesses in the forms of affidavits or
declarations under penalty of 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 comprehensive adjudication. trial. A
complete copy of any rebuttal testimony shall be served no later than
the first day of trial of the applicable phase of the
comprehensive adjudication. The court shall ensure the rebuttal
testimony is strictly limited to the scope of the direct testimony to
which it responds. trial.
(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 comprehensive
adjudication, if the witness whose written
testimony is being offered is made available for cross-examination by
all parties.
843. (a) In a comprehensive adjudication, the court may appoint a
special master to report on legal and factual issues designated
under a specific order of reference. A special master's 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) Overseeing settlement discussions.
(3) Performing other tasks the court may deem appropriate.
(b) The special master may be one or more individuals employed by
the court as full-time or part-time employees, or retained as
independent contractors. A special master's compensation and other
expenses related to the conduct of a comprehensive adjudication 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
comprehensive adjudications. 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 a comprehensive adjudication.
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.
Article 12. Special Master
845. (a) The court may appoint one or more special masters whose
duties may include the following:
(1) Investigating technical and legal issues, as directed by the
court. The special master shall compile a report of findings in
accordance with Section 846.
(2) Conducting joint factfinding with the parties, their
designees, or both.
(3) Investigating the need for, and developing a proposal for, a
preliminary injunction pursuant to Article 13 (commencing with
Section 847).
(4) Performing other tasks the court may deem appropriate.
(b) The court shall fix the special master's compensation on the
basis and terms stated in the appointing order, and the court may set
a new basis and new terms after giving the parties notice and an
opportunity to be heard. The court shall allocate payment of the
special master's compensation among the parties in an amount and a
manner that the court deems equitable. The court may waive a party's
obligations to pay the special master's compensation upon a showing
of good cause.
(c) The court may request the State Water Resources Control Board
or the department to recommend candidates for appointment as a
special master or to review the qualifications of candidates.
(d) This section does not limit the authority of the court to make
a reference pursuant to Chapter 1 (commencing with Section 2000) of
Part 3 of Division 2 of the Water Code.
(e) This section does not limit the authority to appoint a
watermaster pursuant to Chapter 3 (commencing with Section 4050) of
Part 4 of Division 2 of the Water Code or any other law.
846. (a) The special master shall make a draft
report available to the parties and provide at least 60 days for the
parties to submit written objections to the draft 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.
supporting evidence.
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
comprehensive adjudications subject to this chapter.
846. (a) It is the policy of the state to encourage the
compromise and settlement of comprehensive adjudications.
(b) Upon the motion of any party to a comprehensive adjudication,
a court may do any of the following:
(1) Stay a comprehensive adjudication 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 a comprehensive adjudication 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 comprehensive
adjudication or any phase of the comprehensive adjudication.
(D) Compromise and settlement of the comprehensive adjudication, a
phase of the comprehensive adjudication, or any subject matter of
the comprehensive adjudication or a phase of the comprehensive
adjudication.
(2) Schedule mandatory mediation and appointment of a neutral
mediator concerning the comprehensive adjudication, a phase of the
comprehensive adjudication, or any subject matter of the
comprehensive adjudication or a phase of the comprehensive
adjudication.
(3) Schedule phases of trial in combination with mandatory
mediation for purposes of fostering compromise concerning the
comprehensive adjudication, a phase of the comprehensive
adjudication, or any subject matter of the comprehensive adjudication
or a phase of the comprehensive adjudication.
(c) A stay may be extended for up to one year at a time. If
Article 13. Preliminary Injunction
847. (a) Upon a showing that the basin is in a condition of
long-term overdraft, the court may, upon notice and hearing, issue a
preliminary injunction.
(b) Bulletins and other reports of the department, or a report of
a special master indicating that a condition of long-term overdraft
exists in the basin, shall be admissible and shall constitute prima
facie evidence of a condition of long-term overdraft.
(c) The preliminary injunction may include any of the following
terms:
(1) A moratorium on new or increased appropriations of water.
(2) A limitation on, or reduction in, the diversion or extraction
of water.
(3) An allocation among the parties establishing amounts of
extraction allowed during the pendency of the comprehensive
adjudication.
(4) Procedures for voluntary transfers.
(d) The court shall issue a preliminary injunction upon
determining all of the following:
(1) The basin is in a condition of long-term overdraft.
(2) The basin has been designated as a probationary basin or the
planning deadlines in subdivision (a) of Section 10720.7 of the Water
Code are not being complied with.
(3) There is no interim plan in effect under Section 10735.8 of
the Water Code.
(e) The court may provide a schedule for further reductions in
extractions over a period of years if it finds that doing so appears
reasonably necessary to achieve groundwater sustainability within the
timelines provided in subdivision (b) of Section 10727.2 of the
Water Code.
(f) The terms of a preliminary injunction shall not determine the
rights in a final judgment of the comprehensive adjudication.
(g) A bond or undertaking shall not be required for the issuance
of a preliminary injunction pursuant to this section.
(h) The court may appoint a watermaster to oversee enforcement of
the preliminary injunction.
Article 14. Stay
848. (a) Upon the motion of any party to a
comprehensive adjudication, a court may stay a comprehensive
adjudication 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:
(1) Adoption of a groundwater sustainability plan that provides
for a physical solution or otherwise addresses issues in the
comprehensive adjudication.
(2) The development of technical studies that may be useful to the
parties in the comprehensive adjudication.
(3) Voluntary mediation or participation in a settlement
conference on all, or a portion of, the subject matters or legal
questions identified in the comprehensive adjudication.
(4) Compromise and settlement of the comprehensive adjudication or
issues in the comprehensive adjudication.
(b) 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 and that no rights or interest would be
impaired by the stay. The total time period a comprehensive
adjudication may be stayed shall not exceed 5 years.
(d)
(c) A stay pursuant to this section shall not stay, or
otherwise delay, the parties' obligations to provide initial
disclosures pursuant to Section 840 842
unless the court determines the initial disclosures will not benefit
resolution of the comprehensive adjudication.
Article 15. Physical Solution
849. (a) The court shall have the authority and the duty to
impose a physical solution on the parties in a comprehensive
adjudication where necessary and consistent with Article 2 of Section
X of the California Constitution.
(b) Before adopting a physical solution presented by a party, or
considered on the court's own motion, the court shall consider
whether the elements of any existing groundwater sustainability plan
should be incorporated into the court's physical solution.
Article 16. Stipulated Judgment
847. 850. (a) A
If a party or group of parties may
submit submits a proposed stipulated
judgment to the court. The court may impose any physical solution
that is part of the stipulated judgment as a component of the final
judgment in the comprehensive adjudication if the physical solution
satisfies judgment, the court may adopt the stipulated
judgment if the court finds that it meets 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 and any persons who have
claims that are exempted pursuant to Section 841 equitably as
compared to the stipulating parties.
(b) If a party or group of parties submits a proposed stipulated
judgment that is supported by more than 50 percent of all groundwater
extractors in the basin and groundwater extractors responsible for
at least 75 percent of the groundwater extracted in the basin during
the five calendar years before the filing of the complaint, the court
may adopt the proposed stipulated judgment, as applied to the
stipulating parties, if the proposed stipulated judgment meets the
criteria described in subdivision (a). A party objecting to a
proposed stipulated judgment shall demonstrate, by a preponderance of
evidence, that the proposed stipulated judgment does not satisfy one
or more criteria described in subdivision (a) or that it
substantially violates the water rights of the objecting party. If
the objecting party is unable to make this showing, the court may
impose the proposed stipulated judgment on the objecting party. An
objecting party may be subject to a preliminary injunction issued
pursuant to Section 847 while his or her objections are being
resolved.
(b)
(c) A party may object to a stipulated judgment
proposed pursuant to this section on the basis that it does not
satisfy the criteria described in subdivision (a). The stipulated
judgment may be in effect while any objections are being resolved.
Article 17. Judgment Binding on Successors
851. The judgment in a comprehensive adjudication conducted
pursuant to this chapter shall be binding on the parties to the
action and all their successors in interest, including, but not
limited to, heirs, executors, administrators, assigns, lessees,
licensees, the agents and employees of the parties to the action and
all their successors in interest, and all landowners or other persons
claiming rights to extract groundwater from the basin.
Article 18. Continuing Jurisdiction
852. (a) The court shall have continuing jurisdiction to modify
or amend a final judgment in a comprehensive adjudication in response
to new information, changed circumstances, the interests of justice,
or to ensure that the criteria of subdivision (a) of Section 850 are
met. When feasible, the judge who heard the original action shall
preside over actions or motions to modify or amend the judgment.
(b) If the court has approved a stipulated judgment pursuant to
subdivision (b) of Section 850, the department shall submit to the
court the assessments and any recommended corrective actions the
department issues pursuant to Section 10733.8 of the Water Code. The
court, after notice and hearing, shall determine whether to amend the
judgment or adopt the department's recommended corrective actions.
848. 853. (a) Before the court
issues a final judgment in the comprehensive adjudication, a party
may file a motion for an order determining that the judgment is
consistent with the sustainability goal of
groundwater sustainability, as established by the Sustainable
Groundwater Management Act.
(b) For any basin required to develop a groundwater sustainability
plan under the Sustainable Groundwater Management Act, the
department shall provide a report to the court evaluating if the
judgment is consistent with the sustainability goal of
groundwater sustainability, as established by
the Sustainable Groundwater Management Act.
(c) If the court determines that the judgment will achieve
the sustainability goal for the basin
groundwater sustainability for the basin, as established by the
Sustainable Groundwater Management Act, the judgment shall be
considered an alternative to a groundwater sustainability plan and
shall be deemed to satisfy the objectives of the Sustainable
Groundwater Management Act.
(d) The court shall have sole jurisdiction to determine if the
judgment complies with the Sustainable Groundwater Management Act.
(e) The court may consider a motion made pursuant to subdivision
(a) for a proposed judgment before the court enters the judgment.
(f) For purposes of this section, "judgment" means a judgment,
settlement, or other final order concluding proceedings in the
comprehensive adjudication in the superior court.
(g) Nothing in this section is intended to undermine the goals and
outcomes of the Sustainable Groundwater Management Act to the extent
water rights, as determined by the court, are not impaired.
849. 854. The court may appoint a
groundwater sustainability agency to serve as the watermaster in any
judgment entered in a comprehensive adjudication.
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.