Amended in Assembly August 17, 2015

Amended in Senate May 5, 2015

Amended in Senate April 6, 2015

Senate BillNo. 226

Introduced by Senator Pavley

February 13, 2015

An act to amend Sectionsbegin delete 10721end deletebegin insert 10720.1, 10720.5, 10720.8, 10721, 10722.2, 10735,end insert and 10735.8 of,begin insert to add Section 105.5 to,end insert and to add Chapter 12 (commencing with Section 10737) to Part 2.74 of Division 6 of, the Water Code, relating tobegin delete groundwater.end deletebegin insert water.end insert


SB 226, as amended, Pavley. Sustainable Groundwater Management Act: groundwaterbegin delete rights.end deletebegin insert adjudication.end insert

begin insert

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. Existing law specifies the jurisdiction of the courts. Under existing law, courts may adjudicate rights to produce groundwater and exercise other powers relating to the supervision of a groundwater basin. Existing law authorizes a court to order a reference to the State Water Resources Control Board, as referee, of any and all issues involved in the suit.

end insert
begin insert

This bill would authorize the state to intervene as a matter of right in any suit brought in any court for determination of rights to water.

end insert

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified.

begin delete

Existing law specifies the jurisdiction of the courts. Under existing law, courts may adjudicate rights to produce groundwater and exercise other powers relating to the supervision of a groundwater basin.

end delete

This bill wouldbegin delete find and declare that it establishes a timely and comprehensive method for determining rights to groundwater.end deletebegin insert establish special procedures for certain adjudication actions determining rights to groundwater in furtherance of the objectives of the act.end insert The bill would provide that a court shall use thebegin insert procedures in theend insert Code of Civil Procedure forbegin delete determining rights to groundwater,end deletebegin insert these adjudication actions,end insert except as provided by the special procedures established in the bill.begin delete This bill would require the process for determining rights to groundwater to be available to any court of competent jurisdiction. The bill would provide that it applies to Indian tribes and the federal government. The bill would require the boundaries of a basin to be as identified in Bulletin 118, unless other basin boundaries are established, as specified. The bill would authorize the Department of Water Resources and the Department of Fish and Wildlife to intervene in an action or proceeding if they claim an interest relating to the action or proceeding, as provided.end deletebegin 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 the boundaries of the area subject to an adjudication action to be consistent with the boundaries of a basin, with specified exceptions.end insert The bill would specify service and noticebegin delete procedures.end deletebegin insert procedures and would deem fulfillment of the service and publication provisions as effective service of process of the complaint and notice on all interested parties of the adjudication action for purposes of establishing in rem jurisdiction and the comprehensive effect of the adjudication action.end insert The bill would require a party to provide specified initialbegin delete disclosures to the other parties, including, among other disclosures, information relating to expert witnesses.end deletebegin insert disclosures, as prescribed, and under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would require the court to have the authority and duty to impose a physical solution on the parties in an adjudication action where necessary and would authorize the court to adopt a stipulated judgment if the court finds that the judgment meets certain criteria. This bill would require the court to have continuing jurisdiction to modify or amend a final judgment in an adjudication action, as specified.end insert

begin insert

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.

end insert
begin insert

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

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 105.5 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert

begin insert105.5.end insert  

Notwithstanding any other law, the state may intervene
3as a matter of right in any suit brought in any court for
4determination of rights to water.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 10720.1 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert



In enacting this part, it is the intent of the Legislature
7to do all of the following:

8(a) To provide for the sustainable management of groundwater

10(b) To enhance local management of groundwater consistent
11with rights to use or store groundwater and Section 2 of Article X
12of the California Constitution. It is the intent of the Legislature to
13preserve the security of water rights in the state to the greatest
14extent possible consistent with the sustainable management of

16(c) To establish minimum standards for sustainable groundwater

18(d) To provide local groundwater agencies with the authority
19and the technical and financial assistance necessary to sustainably
20manage groundwater.

21(e) To avoid or minimize subsidence.

22(f) To improve data collection and understanding about

P4    1(g) To increase groundwater storage and remove impediments
2to recharge.

3(h) To manage groundwater basins through the actions of local
4governmental agencies to the greatest extent feasible, while
5minimizing state intervention to only when necessary to ensure
6that local agencies manage groundwater in a sustainable manner.

begin insert

7(i) To provide a more efficient and cost-effective groundwater
8adjudication process that protects water rights, ensures due
9process, prevents unnecessary delay, and furthers the objectives
10of this part.

end insert
11begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 10720.5 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert



(a) Groundwater management pursuant to this part
13shall be consistent with Section 2 of Article X of the California
14Constitution. Nothing in this part modifies rights or priorities to
15use or store groundwater consistent with Section 2 of Article X of
16the California Constitution, except that in basins designated
17medium- or high-priority basins by the department, no extraction
18of groundwater between January 1, 2015, and the date of adoption
19of a groundwater sustainability plan pursuant to thisbegin delete part,end deletebegin insert part or
20the approval by the department of an alternative submitted under
21Section 10733.6,end insert
whichever is sooner, may be used as evidence
22of, or to establish or defend against, any claim of prescription.

23(b) Nothing in this part, or in any groundwater management
24plan adopted pursuant to this part, determines or alters surface
25water rights or groundwater rights under common law or any
26provision of law that determines or grants surface water rights.

begin insert

27(c) Water rights may be determined in an adjudication action
28pursuant to Chapter 12 (commencing with Section 10737).

end insert
29begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 10720.8 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert



(a) Except as provided inbegin delete subdivision (e),end deletebegin insert subdivisions
31(e) and (g),end insert
this part does not apply to the following adjudicated
32areas or a local agency that conforms to the requirements of an
33adjudication of water rights for one of the following adjudicated

35(1) Beaumont Basin.

36(2) Brite Basin.

37(3) Central Basin.

38(4) Chino Basin.

39(5) Cucamonga Basin.

40(6) Cummings Basin.

P5    1(7) Goleta Basin.

2(8) Lytle Basin.

3(9) Main San Gabriel Basin.

4(10) Mojave Basin Area.

5(11) Puente Basin.

6(12) Raymond Basin.

7(13) Rialto-Colton Basin.

8(14) Riverside Basin.

9(15) San Bernardino Basin Area.

10(16) San Jacinto Basin.

11(17) Santa Margarita River Watershed.

12(18) Santa Maria Valley Basin.

13(19) Santa Paula Basin.

14(20) Scott River Stream System.

15(21) Seaside Basin.

16(22) Six Basins.

17(23) Tehachapi Basin.

18(24) Upper Los Angeles River Area.

19(25) Warren Valley Basin.

20(26) West Coast Basin.

21(b) The Antelope Valley basin at issue in the Antelope Valley
22Groundwater Cases (Judicial Council Coordination Proceeding
23Number 4408) shall be treated as an adjudicated basin pursuant to
24this section if the superior court issues a final judgment, order, or

26(c) Any groundwater basin or portion of a groundwater basin
27in Inyo County managed pursuant to the terms of the stipulated
28judgment in City of Los Angeles v. Board of Supervisors of the
29County of Inyo, et al. (Inyo County Case No. 12908) shall be
30treated as an adjudicated area pursuant to this section.

31(d) The Los Osos Groundwater Basin at issue in Los Osos
32Community Service District v. Southern California Water Company
33[Golden State Water Company] et al. (San Luis Obispo County
34Superior Court Case No. CV 040126) shall be treated as an
35adjudicated basin pursuant to this section if the superior court
36issues a final judgment, order, or decree.

37(e) If an adjudication action has determined the rights to extract
38groundwater for only a portion of a basin, subdivisions (a), (b),
39(c), and (d) apply only within the area for which the adjudication
40action has determined those rights.

P6    1(f) The watermaster or a local agency within a basin identified
2in subdivision (a) shall do all of the following:

3(1) By April 1, 2016, submit to the department a copy of a
4governing final judgment, or other judicial order or decree, and
5any amendments entered before April 1, 2016.

6(2) Within 90 days of entry by a court, submit to the department
7a copy of any amendment made and entered by the court to the
8governing final judgment or other judicial order or decree on or
9after April 1, 2016.

10(3) By April 1, 2016, and annually thereafter, submit to the
11department a report containing the following information to the
12extent available for the portion of the basin subject to the

14(A) Groundwater elevation data unless otherwise submitted
15pursuant to Section 10932.

16(B) Annual aggregated data identifying groundwater extraction
17for the preceding water year.

18(C) Surface water supply used for or available for use for
19groundwater recharge or in-lieu use.

20(D) Total water use.

21(E) Change in groundwater storage.

22(F) The annual report submitted to the court.

begin insert

23(g) A court with jurisdiction over a proposed expansion of an
24adjudicated area described in subdivisions (a) to (d), inclusive,
25may order that the proceeding be conducted in accordance with
26Chapter 12 (commencing with Section 10737).

end insert

begin deleteSECTION 1.end delete
28begin insertSEC. 5.end insert  

Section 10721 of the Water Code is amended to read:



Unless the context otherwise requires, the following
30definitions govern the construction of this part:

31(a) “Adjudication action” means an action filed in the superior
32or federal district court to determine the rights to extract
33groundwater from a basin or store water within a basin, including,
34but not limited to, actions to quiet title respecting rights to extract
35or store groundwater or an action brought to impose a physical
36solution on a basin.

37(b) “Basin” means a groundwater basin or subbasin identified
38and defined in Bulletin 118 or as modified pursuant to Chapter 3
39(commencing with Section 10722).

P7    1(c) “Bulletin 118” means the department’s report entitled
2 “California’s Groundwater: Bulletin 118” updated in 2003, as it
3may be subsequently updated or revised in accordance with Section

5(d) “Coordination agreement” means a legal agreement adopted
6between two or more groundwater sustainability agencies that
7provides the basis for coordinating multiple agencies or
8groundwater sustainability plans within a basin pursuant to this

10(e) “De minimis extractor” means a person who extracts, for
11domestic purposes, two acre-feet or less per year.

12(f) “Expert witness” means a witness qualified pursuant to
13Section 720 of the Evidence Code.

14(g) “Governing body” means the legislative body of a
15groundwater sustainability agency.

16(h) “Groundwater” means water beneath the surface of the earth
17within the zone below the water table in which the soil is
18completely saturated with water, but does not include water that
19flows in known and definite channels.

20(i) “Groundwater extraction facility” means a device or method
21for extracting groundwater from within a basin.

22(j) “Groundwater recharge” means the augmentation of
23groundwater, by natural or artificial means.

24(k) “Groundwater sustainability agency” means one or more
25local agencies that implement the provisions of this part. For
26purposes of imposing fees pursuant to Chapter 8 (commencing
27with Section 10730) or taking action to enforce a groundwater
28sustainability plan, “groundwater sustainability agency” also means
29each local agency comprising the groundwater sustainability
30agency if the plan authorizes separate agency action.

31(l) “Groundwater sustainability plan” or “plan” means a plan
32of a groundwater sustainability agency proposed or adopted
33pursuant to this part.

34(m) “Groundwater sustainability program” means a coordinated
35and ongoing activity undertaken to benefit a basin, pursuant to a
36groundwater sustainability plan.

37(n) “Local agency” means a local public agency that has water
38supply, water management, or land use responsibilities within a
39groundwater basin.

P8    1(o) “Operator” means a person operating a groundwater
2extraction facility. The owner of a groundwater extraction facility
3shall be conclusively presumed to be the operator unless a
4satisfactory showing is made to the governing body of the
5groundwater sustainability agency that the groundwater extraction
6facility actually is operated by some other person.

7(p) “Owner” means a person owning a groundwater extraction
8facility or an interest in a groundwater extraction facility other
9than a lien to secure the payment of a debt or other obligation.

10(q) “Personal information” has the same meaning as defined in
11Section 1798.3 of the Civil Code.

12(r) “Planning and implementation horizon” means a 50-year
13time period over which a groundwater sustainability agency
14determines that plans and measures will be implemented in a basin
15to ensure that the basin is operated within its sustainable yield.

16(s) “Public water system” has the same meaning as defined in
17Section 116275 of the Health and Safety Code.

18(t) “Recharge area” means the area that supplies water to an
19aquifer in a groundwater basin.

begin insert

20(u) “State small water system” has the same meaning as defined
21in Section 116275 of the Health and Safety Code.

end insert
begin delete


end delete

23begin insert(v)end insert “Sustainability goal” means the existence and
24implementation of one or more groundwater sustainability plans
25that achieve sustainable groundwater management by identifying
26and causing the implementation of measures targeted to ensure
27that the applicable basin is operated within its sustainable yield.

begin delete


end delete

29begin insert(w)end insert “Sustainable groundwater management” means the
30management and use of groundwater in a manner that can be
31maintained during the planning and implementation horizon
32without causing undesirable results.

begin delete


end delete

34begin insert(x)end insert “Sustainable yield” means the maximum quantity of water,
35calculated over a base period representative of long-term conditions
36in the basin and including any temporary surplus, that can be
37withdrawn annually from a groundwater supply without causing
38an undesirable result.

begin delete


end delete

P9    1begin insert(y)end insert “Undesirable result” means one or more of the following
2effects caused by groundwater conditions occurring throughout
3the basin:

4(1) Chronic lowering of groundwater levels indicating a
5significant and unreasonable depletion of supply if continued over
6the planning and implementation horizon. Overdraft during a period
7of drought is not sufficient to establish a chronic lowering of
8groundwater levels if extractions and recharge are managed as
9necessary to ensure that reductions in groundwater levels or storage
10during a period of drought are offset by increases in groundwater
11levels or storage during other periods.

12(2) Significant and unreasonable reduction of groundwater

14(3) Significant and unreasonable seawater intrusion.

15(4) Significant and unreasonable degraded water quality,
16including the migration of contaminant plumes that impair water

18(5) Significant and unreasonable land subsidence that
19substantially interferes with surface land uses.

20(6) Depletions of interconnected surface water that have
21significant and unreasonable adverse impacts on beneficial uses
22of the surface water.

begin delete


end delete

24begin insert(z)end insert “Water budget” means an accounting of the total groundwater
25and surface water entering and leaving a basin including the
26changes in the amount of water stored.

begin delete


end delete

28begin insert(aa)end insert “Watermaster” means a watermaster appointed by a court
29or pursuant to other law.

begin delete


end delete

31begin insert(ab)end insert “Water year” means the period from October 1 through
32the following September 30, inclusive.

begin delete


end delete

34begin insert(ac)end insert  “Wellhead protection area” means the surface and
35subsurface area surrounding a water well or well field that supplies
36a public water system through which contaminants are reasonably
37likely to migrate toward the water well or well field.

38begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 10722.2 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert



(a) A local agencybegin insert or an entity directed by the court
40in an adjudication action to file the requestend insert
may request that the
P10   1department revise the boundaries of a basin, including the
2establishment of new subbasins. Abegin delete local agency’send delete request shall be
3supported by the following information:

4(1) Information demonstrating that the proposed adjusted basin
5can be the subject of sustainable groundwater management.

6(2) Technical information regarding the boundaries of, and
7conditions in, the proposed adjusted basin.

8(3) Information demonstrating that the entity proposing the
9basin boundary adjustment consulted with interested local agencies
10and public water systems in the affected basins before filing the
11proposal with the department.

12(4) Other information the department deems necessary to justify
13revision of the basin’s boundary.

14(b) By January 1, 2016, the department shall adopt regulations
15regarding the information required to comply with subdivision (a),
16including the methodology and criteria to be used to evaluate the
17proposed revision. The department shall adopt the regulations,
18including any amendments thereto, authorized by this section as
19emergency regulations in accordance with the Administrative
20Procedure Act (Chapter 3.5 (commencing with Section 11340) of
21Part 1 of Division 3 of Title 2 of the Government Code). The
22 adoption of these regulations is an emergency and shall be
23considered by the Office of Administrative Law as necessary for
24the immediate preservation of the public peace, health and safety,
25or general welfare. Notwithstanding the Administrative Procedure
26Act, emergency regulations adopted by the department pursuant
27to this section shall not be subject to review by the Office of
28Administrative Law and shall remain in effect until revised by the

30(c) Methodology and criteria established pursuant to subdivision
31(b) shall address all of the following:

32(1) How to assess the likelihood that the proposed basin can be
33sustainably managed.

34(2) How to assess whether the proposed basin would limit the
35sustainable management of adjacent basins.

36(3) How to assess whether there is a history of sustainable
37management of groundwater levels in the proposed basin.

38(d) Prior to adoptingbegin delete and finalizing the regulations,end deletebegin insert the
39regulations pursuant to subdivision (b),end insert
the department shall
40conduct three public meetings to consider public comments. The
P11   1department shall publish the draft regulations on its Internet Web
2site at least 30 days before the public meetings. One meeting shall
3be conducted at a location in northern California, one meeting
4shall be conducted at a location in the central valley of California,
5and one meeting shall be conducted at a location in southern

7(e) The department shall provide a copy of its draft revision of
8a basin’s boundaries to the California Water Commission. The
9California Water Commission shall hear and comment on the draft
10revision within 60 days after the department provides the draft
11revision to the commission.

12begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 10735 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert



As used in this chapterbegin insert and Chapter 12 (commencing
14with Section 10737)end insert
, the following terms have the following

16(a) “Condition of long-term overdraft” means the condition of
17a groundwater basin where the average annual amount of water
18extracted for a long-term period, generally 10 years or more,
19exceeds the long-term average annual supply of water to the basin,
20plus any temporary surplus. Overdraft during a period of drought
21is not sufficient to establish a condition of long-term overdraft if
22extractions and recharge are managed as necessary to ensure that
23reductions in groundwater levels or storage during a period of
24drought are offset by increases in groundwater levels or storage
25during other periods.

26(b) “Person” means any person, firm, association, organization,
27partnership, business, trust, corporation, limited liability company,
28or public agency, including any city, county, city and county,
29district, joint powers authority, state, or any agency or department
30of those entities. “Person” includes, to the extent authorized by
31federal or tribal law and subject to the limitations described in
32subdivisions (c) and (d) of Section 10720.3, the United States, a
33department, agency or instrumentality of the federal government,
34an Indian tribe, an authorized Indian tribal organization, or
35interstate body.

36(c) “Probationary basin” means a basin for which the board has
37issued a determination under Section 10735.2.

38(d) “Significant depletions of interconnected surface waters”
39means reductions in flow or levels of surface water that is
40hydrologically connected to the basin such that the reduced surface
P12   1water flow or levels have a significant and unreasonable adverse
2impact on beneficial uses of the surface water.


begin deleteSEC. 2.end delete
4begin insertSEC. 8.end insert  

Section 10735.8 of the Water Code is amended to read:



(a) The board, after notice and a public hearing, may
6adopt an interim plan for a probationary basin.

7(b) The interim plan shall include all of the following:

8(1) Identification of the actions that are necessary to correct a
9condition of long-term overdraft or a condition where groundwater
10extractions result in significant depletions of interconnected surface
11waters, including recommendations for appropriate action by any

13(2) A time schedule for the actions to be taken.

14(3) A description of the monitoring to be undertaken to
15determine effectiveness of the plan.

16(c) The interim plan may include the following:

17(1) Restrictions on groundwater extraction.

18(2) A physical solution.

19(3) Principles and guidelines for the administration of rights to
20surface waters that are connected to the basin.

21(d)  Except as provided in subdivision (e), the interim plan shall
22be consistent with water right priorities, subject to Section 2 of
23Article X of the California Constitution.

24(e) The board shall include in its interim plan a groundwater
25sustainability plan, or any element of a plan, that the board finds
26complies with the sustainability goal for that portion of the basin
27or would help meet the sustainability goal for the basin. Where,
28in the judgment of the board, an adjudication action can be relied
29on as part of the interim plan, either throughout the basin or in an
30area within the basin, the board may rely on, or incorporate
31elements of, that adjudication into the interim plan adopted by the

33(f) In carrying out activities that may affect the probationary
34basin, state entities shall comply with an interim plan adopted by
35the board pursuant to this section unless otherwise directed or
36authorized by statute and the state entity shall indicate to the board
37in writing the authority for not complying with the interim plan.

38(g) (1) After the board adopts an interim plan under this section,
39the board shall determine if a groundwater sustainability plan or
40an adjudication action is adequate to eliminate the condition of
P13   1long-term overdraft or condition where groundwater extractions
2result in significant depletions of interconnected surface waters,
3upon petition of either of the following:

4(A) A groundwater sustainability agency that has adopted a
5groundwater sustainability plan for the probationary basin or a
6portion thereof.

7(B) A person authorized to file the petition by a judicial order
8or decree entered in an adjudication action in the probationary

10(2) The board shall act on a petition filed pursuant to paragraph
11(1) within 90 days after the petition is complete. If the board, in
12consultation with the department, determines that the groundwater
13sustainability plan or adjudication action is adequate, the board
14shall rescind the interim plan adopted by the board for the
15probationary basin, except as provided in paragraphs (3) and (4).

16(3) Upon request of the petitioner, the board may amend an
17interim plan adopted under this section to eliminate portions of
18the interim plan, while allowing other portions of the interim plan
19to continue in effect.

20(4) The board may decline to rescind an interim plan adopted
21pursuant to this section if the board determines that the petitioner
22has not provided adequate assurances that the groundwater
23sustainability plan or judicial order or decree will be implemented.

24(5) This subdivision is not a limitation on the authority of the
25board to stay its proceedings under this section or to rescind or
26amend an interim plan adopted pursuant to this section based on
27the progress made by a groundwater sustainability agency or in
28an adjudication action pursuant to Chapter 12 (commencing with
29Section 10737), even if the board cannot make a determination of
30adequacy in accordance with paragraph (1).

31(h) Before January 1, 2025, the state board shall not establish
32an interim plan under this section to remedy a condition where the
33groundwater extractions result in significant depletions of
34interconnected surface waters.

35(i) The board’s authority to adopt an interim plan under this
36section does not alter the law establishing water rights priorities
37or any other authority of the board.


begin deleteSEC. 3.end delete
39begin insertSEC. 9.end insert  

Chapter 12 (commencing with Section 10737) is added
40to Part 2.74 of Division 6 of the Water Code, to read:


P14   1Chapter  12. Determination of Rights to Groundwater


3Article 1.  General Provisions




(a) begin deleteThe Legislature finds and declares that this end deletebegin insertThisend insertbegin insert end insert
6chapter establishes a timely and comprehensive method for
7determining rights to groundwater in furtherance of the objectives
8of this part.

begin delete

9(b) This chapter establishes special procedures for court use in
10determining rights to groundwater. Unless otherwise provided in
11this chapter, a court shall determine rights to groundwater using
12the procedures codified in the Code of Civil Procedure.

13(c) Nothing contained in this chapter shall be deemed to repeal
14or preclude an action to determine rights to groundwater in
15accordance with the common law.

end delete
begin insert

16(b) This chapter shall be applied and interpreted consistently
17with all of the following:

end insert
begin insert

18(1) Protecting water rights consistent with Section 2 of Article
19X of the California Constitution.

end insert
begin insert

20(2) Conducting an adjudication action in a manner that
21promotes efficiency, reduces unnecessary delays, provides due
22process, and is consistent with the achievement of the sustainability
23goal within the timeframes of this part.

end insert
begin insert

24(3) Encouraging the compromise and settlement of adjudication

end insert
begin insert

26(4) Establishing procedures by which courts may conduct
27comprehensive determinations of all rights and priorities to
28groundwater in a basin.

end insert
begin insert

29(5) Providing for the conduct of an adjudication action
30consistent with Winters v. U.S. (1908) 207 U.S. 564, the McCarran
31Amendment (codified at 43 U.S.C. Sec. 666), and any other federal
32law regarding the determination of federal or tribal water rights,
33as applicable.

end insert
begin insert

34(6) Providing notice and due process sufficient to enable a court
35in an adjudication action to determine and establish the priority
36for unexercised water rights consistent with the principles
37established in In re Waters of Long Valley Creek Stream System
38(1979) 25 Cal.3d 339.

end insert
begin delete
P15   1


In making its determination of rights to groundwater,
2a court shall avoid an undesirable result as defined in Section

end delete
begin insert

begin insert10737.2.end insert  

In an adjudication action for a basin required to have
5a groundwater sustainability plan under this part, the court shall
6manage the proceedings in a manner that minimizes interference
7with the timely completion and implementation of a groundwater
8sustainability plan, avoids redundancy and unnecessary costs in
9the development of technical information and a physical solution,
10and is consistent with the attainment of the sustainability goal
11within the timeframes established by this part.

end insert
begin insert

begin insert10737.4.end insert  

Except as otherwise provided in this chapter, a court
13shall determine rights to groundwater using the procedures
14codified in the Code of Civil Procedure.

end insert
begin delete1516


16Article 2.  Application




The process defined in this chapter shall be available
19to any court of competent jurisdiction.



(a) Consistent with subdivision (b) of Section
2110720.3, this chapter applies to an Indian tribe and to the federal
22government, to the extent authorized under federal law.

23(b) Section 389 of the Code of Civil Procedure shall not apply
24to any failure to join an Indian tribe or the United States to an
25action or proceeding brought under this chapter.



An action requesting a court to determine water rights
27under this chapter shall be deemed provisionally complex within
28the meaning provided in Rule 3.400 of Title 3 of the California
29Rules of Court.



31Article 3.  Basin Boundaries




Unless other basin boundaries are established pursuant
34to Section 10722.2 or subdivision (b) of Section 12924, the
35boundaries of a basin shall be as identified in Bulletin 118.



37Article 4.  Parties




Upon timely motion, the court shall permit the
40department or the Department of Fish and Wildlife, or both, to
P16   1intervene in an action or proceeding brought under this chapter if
2the movant claims an interest relating to the action or proceeding
3and is so situated that disposing of the action or proceeding may,
4as a practical matter, impair or impede the movant’s ability to
5protect its interest.



7Article 5.  Service and Notice




(a) All known defendants shall be served in the manner
10provided in Chapter 4 (commencing with Section 413.10) of Title
115 of Part 2 of the Code of Civil Procedure.

12(b) (1) All unknown defendants shall be served by publication
13as provided in Section 415.50 of the Code of Civil Procedure.

14(2) In addition to other requirements of Section 415.50 of the
15Code of Civil Procedure, the publication shall describe the
16groundwater basin that is the subject of the action. The publication
17shall describe the groundwater basin as identified pursuant to
18Section 10739, the Internet address for a map depicting the basin,
19and any other identifying information that the court deems



22Article 6.  Discovery




(a) Except as otherwise stipulated or ordered by the
25court, a party shall, without awaiting a discovery request, provide
26to the other parties all of the following:

27(1) The name and, if known, the address and telephone number
28of each individual likely to have discoverable information, along
29with the subjects of that information, who the disclosing party may
30use to support its claims or defenses, unless the use would be solely
31for impeachment.

32(2) A copy or a description by category and location, of all
33documents, electronically stored information, and tangible things
34that the disclosing party has in its possession, custody, or control
35that it may use to support its claims or defenses, unless the use
36would be solely for impeachment.

37(3) A quantification of claims to water in the basin by the
38disclosing party. The disclosing party shall also make available
39for inspection and copying any documents or other evidentiary
40material, unless privileged or protected from disclosure, on which
P17   1each claim is based, including materials bearing on the nature and
2extent of those claims.

3(b) A party shall make all disclosures required by this article at
4or within 14 days after the parties’ initial case management
5conference unless a different time is set by stipulation or court
6order, or unless a party objects during the conference that initial
7disclosures are not appropriate in this action and states the objection
8in a proposed discovery plan. In ruling on the objection, the court
9shall determine what disclosures, if any, are to be made and shall
10set the time for disclosure.

11(c) A party that is first served or otherwise joined after the initial
12case management conference shall make its initial disclosures
13within 30 days after being served or joined, unless a different time
14is set by stipulation or court order.

15(d) A party shall make its initial disclosures based on the
16information then reasonably available to it. A party is not excused
17from making its disclosures because it has not fully investigated
18the case or because it challenges the sufficiency of another party’s
19disclosures or because another party has not made its disclosures.

end delete
begin insert


21Article begin insert2.end insert  Scope of the Action



begin insert10738.end insert  

(a) Except as provided in subdivision (b), this chapter
24applies to either of the following:

25(1) An adjudication action in a high- or medium-priority basin.

26(2) Where a court considers the need for effective determination
27and administration of water rights and priorities, the purposes of
28this part, and the interest in judicial economy, and determines that
29proceedings in an adjudication action should be conducted under
30this chapter.

31(b) This chapter does not apply to any of the following
32adjudication actions:

33(1) An adjudication action that concerns only allegations that
34a groundwater extraction facility, or a group of facilities, is
35interfering with another groundwater extraction facility or facilities
36and that does not require an allocation of the basin’s groundwater

38(2) An adjudication action that concerns only claims to extract,
39or prevent interference with extractions from, water stored in a
P18   1basin as a result of artificial recharge and does not involve an
2allocation of the basin’s groundwater supply.

3(3) An adjudication action that can be resolved among a limited
4number of parties and does not involve a comprehensive allocation
5of the basin’s groundwater supply.


begin insert10738.2.end insert  

(a) The court may determine all rights to groundwater
7in an adjudication action for a basin, whether based upon
8appropriation, overlying right, or other basis of right.

9(b) As to the right to groundwater of each party, the court’s
10final judgment in an adjudication action may declare the priority,
11amount, purposes of use, extraction location, and place of use of
12the water, together with appropriate injunction relief, subject to
13terms adopted by the court to implement a physical solution in the
14adjudication action.


begin insert10738.4.end insert  

(a) (1) Except as otherwise provided in this section,
16the boundaries of the area subject to an adjudication action shall
17be consistent with the boundaries of a basin.

18(2) If the department revises the boundaries of a basin under
19Section 10722.2 or subdivision (b) of Section 12924 after an
20adjudication action has been initiated, the court may revise the
21boundaries of the area subject to the adjudication action as the
22interest of justice and the objectives of this chapter require.

23(3) Upon a showing that a revision of the basin boundaries
24would further a fair and effective determination of water rights,
25the court may direct any of the following to submit a request to
26the department for revision of the basin boundaries in accordance
27with Section 10722.2:

28(A) A party to the adjudication action.

29(B) The board, if the court has made a reference under Part 3
30(commencing with Section 2000) of Division 2.

31(C) A special master, if one has been appointed.

32(b) If the court finds that including an interconnected surface
33water body or subterranean stream flowing through known and
34definite channels is necessary to the fair and effective
35determination of the rights to a basin, the court may require the
36joinder of persons who claim rights to divert and use water from
37that surface water body or subterranean stream in the adjudication

39(c) If the court finds that claims of right to extract or divert only
40minor quantities of water, not to exceed five acre-feet per year,
P19   1have no material effect on the rights of other parties, the court
2may exempt those claimants with respect to those claims for only
3minor quantities of water. A person exempted pursuant to this
4subdivision may elect to continue as a party to the adjudication

end insert
begin insert


7Article begin insert3.end insert  Selection of Judge



begin insert10739.end insert  

(a) A judge of a superior court of a county within which
10a portion of the groundwater adjudication lies shall be disqualified.
11The chair of the Judicial Council shall assign a judge to preside
12in all proceedings in an adjudication action.

13(b) An adjudication action is presumed to be a complex action
14within the meaning of Rule 3.400 of the California Rules of Court
15unless a party demonstrates that the comprehensive adjudication
16is not complex.

17(c) Sections 170.6 and 394 of the Code of Civil Procedure shall
18not apply in an adjudication action.

19(d) (1) Notwithstanding subdivision (b) of Section 10726.6, an
20action against a groundwater sustainability agency that is located
21in a basin that is being adjudicated under this chapter shall be
22subject to transfer, coordination, and consolidation with the
23adjudication action, as appropriate, if the action concerns the
24adoption, substance, or implementation of a groundwater
25sustainability plan, or the agency’s compliance with the timelines
26in this part.

27(2) The judge assigned by the Judicial Council pursuant to
28subdivision (a) shall determine whether transfer, coordination, or
29consolidation is appropriate.

end insert
begin insert


31Article begin insert4.end insert  Electronic Service



begin insert10739.6.end insert  

Except for the service of a complaint pursuant to
34Article 5 (commencing with Section 10740), the service of
35pleadings and papers in an adjudication action shall occur
36electronically to the greatest extent possible. Each party shall
37serve documents by electronic mail, or other equivalent electronic
38means, to the greatest extent possible. To enable electronic service
39of pleadings and papers, the attorney of record or a party
40representing themselves shall include an electronic mail address
P20   1for service in the captions of pleadings and papers that the attorney
2or party files in the adjudication action.

end insert
begin insert


4Article begin insert5.end insert  Notice and Service of Complaint



begin insert10740.end insert  

(a) The plaintiff shall publish notice of the complaint
7pursuant to Section 6065 of the Government Code in each county
8that overlies the basin or a portion of the basin.

9(b) (1) The plaintiff shall provide notice of the adjudication
10action to all of the following:

11(A) A groundwater sustainability agency that overlies any
12portion of the basin.

13(B) A city, county, or city and county that overlies any portion
14of the basin.

15(C) A district with authority to manage or replenish groundwater
16resources of the basin in whole or in part.

17(D) The operator of a public water system or state small water
18system that uses groundwater from the basin to supply water

20(E) A California Native American tribe that is on the contact
21list maintained by the Native American Heritage Commission.

22(F) The Attorney General, the board, the department, and the
23Department of Fish and Wildlife.

24(G) A federal department or agency that manages a federal
25reservation that in any portion overlies the basin.

26(H) A person identified under subdivision (a) or (b) of Section
2710740.4 who is not a party to the action.

28(I) An owner of real property in the basin, if a person who
29 receives notice under Section 10740.2 notifies the plaintiff of the
30address of the owner of real property subject to the property tax

32(J) A person who makes a request in writing, including
33electronic mail.

34(2) The plaintiff may provide notice required pursuant to this
35subdivision by first class mail or electronic mail.

36(3) (A) Except as provided in subparagraph (B), the plaintiff
37shall provide notice required pursuant to this subdivision as

P21   1(i) To any person entitled to notice under subparagraphs (A)
2to (G), inclusive, of paragraph (1) within 15 days of the filing of
3the complaint.

4(ii) To any person entitled to notice under subparagraphs (H)
5to (J), inclusive, of paragraph (1) within 30 days of receipt of the
6name and address of the person entitled to notice.

7(B) The plaintiff may take additional time as is reasonably
8necessary before providing notice under this subdivision if the
9plaintiff determines that additional time is necessary to identify a
10person entitled to notice under this subdivision, to confirm the
11accuracy of the name or address of that person, or to determine
12whether the conditions requiring notice have been satisfied.

13(4) The plaintiff is not required to provide notice under this
14subdivision to a person who has already been served or intervened
15in the adjudication action.


begin insert10740.2.end insert  

(a) When the plaintiff files the complaint, the plaintiff
17shall lodge all of the following with the court:

18(1) (A) A draft notice titled “NOTICE OF COMMENCEMENT
2020-point font and the following text printed immediately below the
21draft notice title in no less than 14-point font:


27A copy of the complaint may be obtained by contacting the
28plaintiff or the plaintiff’s attorney identified in this notice. If you
29claim rights to pump or store groundwater within the basin, either
30now or in the future, you may become a party to this lawsuit by
31filing an answer to the lawsuit on or before the deadline specified
32in this notice. You may file an answer by completing the attached
33form answer, filing it with the court indicated in this notice, and
34sending a copy of the form answer to the plaintiff or the plaintiff’s
35attorney. The form answer is provided for your convenience.
36Should you choose to file the form answer, it will serve as an
37answer to all complaints and cross-complaints filed in this case.

38It is the duty of all persons who receive this notice and who claim
39rights to pump or store groundwater within the basin to appear
40in the lawsuit by the date specified below. All persons who claim
P22   1rights to pump or store groundwater within the basin will be
2 required to make proof of their claims within six months of their
3appearance in the lawsuit. Any claimant who fails to appear and
4submit proof of his or her claim shall be held to have forfeited all
5rights to pump or store groundwater. At the conclusion of the
6lawsuit, the superior court will enter a decree determining all
7water rights of the basin, whether based upon appropriation,
8overlying right, or other basis of right. You are encouraged to seek
9the advice of an attorney promptly.”

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

12(i) The name of the basin that is the subject of the adjudication
13action and a link to the Internet Web site address where the
14department has posted a map of the basin.

15(ii) A space to be completed with the case number assigned to
16the adjudication action, and the name and address of the court
17and department to which the action is assigned.

18(iii) The name, address, telephone number, and electronic mail
19address of the plaintiff, or plaintiff’s attorney, from which the
20complaint may be obtained and to whom a copy of the form answer
21should be sent.

22(iv) A summary of the causes of action alleged in the complaint
23and the relief sought. The summary shall not exceed 25 lines.

24(v) A date by which persons receiving the notice must appear
25in the action.

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

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

34(B) Notwithstanding any other law, the filing of an answer in
35the form described in subparagraph (A) in an adjudication action
36is sufficient to put at issue all material allegations and applicable
37affirmative defenses to the complaint in the adjudication action.

38(b) Within 30 days of the assignment of a judge by the Judicial
39Council, the plaintiff shall file a motion for approval of plaintiff’s
P23   1draft notice and draft form answer filed pursuant to subdivision

3(c) Once the court approves the draft notice, service of that
4notice in accordance with this section shall substitute for the
5summons otherwise provided for in civil actions pursuant to Section
6412.20 of the Code of Civil Procedure.

7(d) (1) Following a court order approving the notice and form
8answer and authorizing service of landowners pursuant to this
9section, the plaintiff shall do all of the following:

10(A) Identify the assessor parcel numbers and physical addresses
11of all real property within the basin and the names and addresses
12of all holders of fee title to real property within the basin using
13the records of the assessor or assessors of the county or counties
14in which the basin to be adjudicated lies. The plaintiff shall provide
15the court and all parties with notice of its acquisition of, or
16sufficient access to, this information.

17(B) Mail, by registered mail or certified mail, return receipt
18requested, the notice, complaint, and form answer to all holders
19of fee title to real property in the basin. If the physical address of
20the real property differs from the address of the holder of fee title,
21the notice, complaint, and form answer shall be mailed by
22registered or certified mail, return receipt requested, to the
23physical address of the real property and the address of the holder
24of fee title.

25(C) If return receipt is not received for a parcel of real property,
26the plaintiff shall post a copy of the notice, complaint, and form
27answer in a conspicuous place on the real property.

28(D) Within 20 days of the court order, publish the notice at least
29once per week for four consecutive weeks in one or more
30newspapers of general circulation in each county overlying the
31basin in whole or in part.

32(2) Service pursuant to this subdivision is not required if the
33real property is part of a class of water users that are otherwise
34noticed in accordance with this chapter.

35(e) Upon completion of the mailing pursuant to subdivision (d),
36the plaintiff shall file with the court a notice of the completion of
37the mailing.

38(f) Within 60 days after service is authorized, the plaintiff shall
39prepare and file a notice of the adjudication action in the office
40of the county recorder of each county overlying the basin in whole
P24   1or in part. The notice shall be recorded in a manner so as to ensure
2that a person researching the title of a parcel will find the notice.

3(g) The plaintiff shall serve the court-approved notice and form
4answer by first class mail to any entity that is known, or with
5reasonable diligence can be determined, to hold title to real
6property in the basin but is exempt from property tax.

7(h) The court may authorize any other procedures it finds
8appropriate and necessary to provide notice to persons who may
9hold groundwater rights in the basin.

10(i) The court may require notice to be made available in
11languages other than English.

12(j) Within 15 days of the court’s approval of the notice and form
13answer, the plaintiff shall provide the notice and form answer to
14the department and each county and groundwater sustainability
15agency that overlies any portion of the basin. The department, and
16each county and groundwater sustainability agency that overlies
17any portion of the basin and has an Internet Web site, shall do the

19(1) Post the notice and form answer on their Internet Web site
20within 15 days of receipt.

21(2) Provide a link to the notice and form answer from their
22Internet Web site home page.

23(3) Maintain the posting and link pursuant to paragraphs (1)
24and (2) for the entire time that the adjudication action is pending.
25The plaintiff shall notify the department and each county and
26groundwater sustainability agency when the adjudication action
27is no longer pending.


begin insert10740.4.end insert  

(a) (1) Within 15 days of the court’s approval of the
29notice under Section 10740.2, the plaintiff shall request from the
30following entities the names and addresses of persons reporting
31extractions within the basin under this part, or Part 5 (commencing
32with Section 4999) or Part 5.2 (commencing with Section 5200)
33of Division 2:

34(A) The board.

35(B) Any local agency designated as a board-designated local
36area that includes the basin, or a portion of the basin, under
37Section 5009.

38(C) Any groundwater sustainability agency for the basin or a
39portion of the basin.

P25   1(2) The entities described in subparagraphs (A) to (C), inclusive,
2of paragraph (1) shall provide the plaintiff with the names, mailing
3addresses, and electronic mail addresses, if available, within 45
4days of the plaintiff’s request. Additionally, the board shall provide
5the mailing address and electronic mail address, if available, of
6any person known to the board who holds a permit or license
7authorizing underground storage in the basin or who claims a
8right to divert water for underground storage in the basin.

9(b) If extractions in the basin or a portion of the basin are not
10subject to reporting requirements under this part, or Part 5
11(commencing with Section 4999) or Part 5.2 (commencing with
12Section 5200) of Division 2, the plaintiff shall request the names
13and addresses of all customers in the area who are supplied power
14to operate groundwater extraction facilities in the basin, as
15reflected in the utility records, from any investor-owned utility or
16municipal utility that provides electrical power in the area. The
17utility shall provide the plaintiffs with the names, mailing
18addresses, and electronic mail addresses, if available, within 45
19days of the plaintiff’s request.

20(c) Upon request, the plaintiff shall provide reimbursement for
21the reasonable costs incurred under this section to an entity
22described in subparagraphs (A) to (C), inclusive, of paragraph
23(1) of subdivision (a) or a utility described in subdivision (b). The
24entity or utility shall incur no civil liability by reason of its
25compliance with this section.


begin insert10740.6.end insert  

(a) The plaintiff shall serve the complaint on any
27person known to extract groundwater within the basin. Service
28may be by personal service or by other method as provided by
29Article 3 (commencing with Section 415.10) of Chapter 4 of Title
305 of Part 2 of the Code of Civil Procedure.

31(b) The plaintiff shall serve the complaint on any person known
32to own real property that overlies the basin and that has not been
33sent the court-approved notice and form answer. Service shall be
34by first class mail.

35(c) Service on the United States shall be made in accordance
36with Section 666 of Title 43 of the United States Code.

37(d) Section 389 of the Code of Civil Procedure shall not apply
38to a failure to join the United States or an Indian tribe to a
39comprehensive adjudication.

P26   1

begin insert10740.8.end insert  

(a) Whenever proceedings are instituted to determine
2rights to water under this chapter, it is the duty of all claimants
3interested in the proceedings and having notice of the proceedings
4pursuant to this chapter to appear in the proceedings and to submit
5proof of their claims at the time, and in the manner, required by
6this chapter.

7(b) The fulfillment of the notice and service provisions of this
8chapter shall be deemed effective service of process of the
9complaint and notice on all interested parties of the adjudication
10action for purposes of establishing in rem jurisdiction and the
11comprehensive effect of the adjudication action.

end insert
begin insert


13Article begin insert6.end insert  Intervention



begin insert10741.end insert  

Any of the following may intervene in an adjudication
16action under this chapter:

17(a) The groundwater sustainability agency for the basin or
18portion of the basin.

19(b) Any city, county, or city and county, that overlies any portion
20of the basin.

21(c) Any person upon an ex parte application that demonstrates
22that the person holds fee simple ownership in a parcel in the basin
23or extracts or stores water in the basin. A person filing an ex parte
24application pursuant to this subdivision shall give notice to the
25plaintiff consistent with the California Rules of Court.

end insert
begin insert


27Article begin insert7.end insert  Initial Disclosure



begin insert10741.5.end insert  

(a) Except as otherwise ordered by the court, a party
30shall serve on the other parties and the special master, if one is
31appointed, an initial disclosure within six months of appearing in
32the adjudication action that includes all of the following

34(1) The name, address, telephone number, and electronic mail
35address of the party and, if applicable, of the party’s attorney.

36(2) The quantity of groundwater extracted from the basin by
37the party and the method of measurement used by the party or the
38party’s predecessor in interest for each of the previous five
39calendar years preceding the filing of the complaint.

P27   1(3) A general description of the purpose to which the water has
2been put.

3(4) The area in which the water has been used.

4(5) The location of each well or other source through which
5groundwater has been extracted.

6(6) The type of water right or rights claimed by the party for
7the extraction of groundwater.

8(7) Any claims for increased or future use of groundwater.

9(8) The quantity of any beneficial use of any alternative water
10use that the party claims as its use of groundwater under any
11applicable law, including, but not limited to, Sections 1005.1,
121005.2, 1005.4, 1010, or 1011.

13(9) Identification of all surface water rights and contracts that
14the party claims provides the basis for its water right claims in
15the adjudication action.

16(10) The quantity of any replenishment of water to the basin
17that augmented the basin’s native water supply, resulting from the
18intentional storage of imported or nonnative water in the basin,
19managed recharge of surface water, or return flows resulting from
20the use of imported water or nonnative water on lands overlying
21the basin by the party, or the party’s representative or agent,
22during each of the five calendar years immediately preceding the
23filing of the complaint.

24(11) The names, addresses, telephone numbers, and electronic
25mail addresses of all persons possessing information that supports
26the party’s disclosures.

27(12) Any other facts that tend to prove the party’s claimed water

29(b) A party shall make its initial disclosures based on the
30information then reasonably available to it. A party is not excused
31from making its initial disclosures because it has not fully
32investigated the case, because it challenges the sufficiency of
33another party’s disclosures, or because another party has not
34made its disclosures.

35(c) A party that has made its initial disclosures, as described
36in subdivision (a), or that has responded to another party’s
37discovery request, shall supplement or correct a disclosure or
38response in all of the following situations:

39(1) In a timely manner if the party learns that in some material
40respect the disclosure or response is incomplete or incorrect and
P28   1the additional or corrective information has not otherwise been
2made known to the other parties during the disclosure or discovery

4(2) If the party extracts groundwater from the basin after the
5complaint is filed. The supplement filed under this paragraph shall
6report the quantity of water involved and be filed within 90 days
7of the end of the calendar year.

8(3) As ordered by the court.

9(d) To the greatest extent possible, a party shall serve its initial
10disclosures electronically. If it is not possible for the party to serve
11its disclosures electronically, the party shall serve the disclosures
12in an electronic format saved on a portable storage media device
13such as a compact disc or flash drive.

14(e) A party’s obligations under this section may be enforced by
15a court on its own motion or the motion of a party to compel

17(f) A party’s disclosures under this section shall be verified
18under penalty of perjury as being true and correct to the best of
19the party’s knowledge.

end insert
begin insert


21Article begin insert8.end insert  Case Management



begin insert10742.end insert  

(a) In managing an adjudication action, the court shall
24convene a case management conference as provided by the
25California Rules of Court.

26(b) In an initial case management conference, or as soon as
27practicable, the court should consider the following, in addition
28to other matters:

29(1) Determining whether to seek adjustment of the basin
30boundaries pursuant to Section 10738.4.

31(2) Staying the action pursuant to Article 9 (commencing with
32Section 10742.5).

33(3) Appointing a special master pursuant to Article 10
34(commencing with Section 10743).

35(4) Scheduling a hearing on a preliminary injunction pursuant
36to Article 11 (commencing with Section 10743.5).

37(5) Dividing the case into phases to resolve legal and factual

39(6) Issuing orders to ensure that issues resolved in one phase
40are not relitigated in another.

P29   1(7) Limiting discovery to correspond to the phases.

2(8) Scheduling early resolution of claims to prescriptive rights.

3(9) Formation of a class or classes of an overlying groundwater
4rights holder pursuant to the criteria specified in Section 382 of
5the Code of Civil Procedure.

end insert
begin insert


7Article begin insert9.end insert  Stay



begin insert10742.5.end insert  

(a) Upon the motion of any party to an adjudication
10action, a court may stay an adjudication action for a period of up
11to one year, subject to renewal in the court’s discretion upon a
12showing of good cause, in order to facilitate any of the following:

13(1) The adoption of a groundwater sustainability plan that
14provides for a physical solution or may otherwise address issues
15in the adjudication action.

16(2) The development of technical studies that may be useful to
17the parties in the adjudication action.

18(3) The voluntary mediation or participation in a settlement
19conference on all, or a portion of, the subject matters or legal
20questions identified in the adjudication action.

21(4) The compromise and settlement of the adjudication action
22or issues in the adjudication action.

23(b) A stay pursuant to this section shall not stay, or otherwise
24delay, the parties’ obligations to provide initial disclosures
25pursuant to Article 7 (commencing with Section 10741.5) unless
26the court determines the initial disclosures will not benefit
27resolution of the comprehensive adjudication.

end insert
begin insert


29Article begin insert10.end insert  Special Master



begin insert10743.end insert  

(a) The court may appoint one or more special masters,
32whose duties may include the following:

33(1) Investigating technical and legal issues, as directed by the
34court. The special master shall compile a report of findings in
35accordance with Section 10743.2.

36(2) Conducting joint factfinding with the parties, their designees,
37or both.

38(3) Investigating the need for, and developing the proposal for,
39a preliminary injunction pursuant to Article 11 (commencing with
40Section 10743.5).

P30   1(4) Performing other tasks the court may deem appropriate.

2(b) The court shall fix a special master’s compensation on the
3basis and terms stated in the appointing order. The court may set
4a new basis and terms for the special master after giving notice
5and an opportunity to be heard. The court shall allocate payment
6for the cost of the special master among the parties in an amount
7and a manner that the court deems equitable. The court may waive
8a party’s payment obligation upon a showing of good cause.

9(c) The court may request that the board or department
10recommend candidates for appointment as special master or review
11the qualifications of candidates.

12(d) This section does not limit the authority of the court to make
13a reference pursuant to Chapter 1 (commencing with Section 2000)
14of Part 3 of Division 2.

15(e) This section does not limit the authority to appoint a
16watermaster pursuant to Chapter 3 (commencing with Section
174050) of Part 4 of Division 2 or any other law.


begin insert10743.2.end insert  

(a) The special master shall make available a draft
19report and provide at least 60 days for the parties to submit written
20objections to the draft report.

21(b) An objection to the draft report shall identify the specific
22grounds and evidence on which the objection is based.

23(c) The special master may notice and hold hearings, as the
24special master deems appropriate, to gather information or address
25issues raised in the objections to the draft report.

26(d) The special master shall consider the objections to the draft
27report and prepare a final report that shall be filed with the court.

end insert
begin insert


29Article begin insert11.end insert  Preliminary Injunction



begin insert10743.5.end insert  

(a) Upon a showing that the basin is in a condition
32of long-term overdraft, the court may, upon notice and a hearing,
33issue a preliminary injunction.

34(b) The following information shall be admissible and shall
35constitute prima facie evidence of a condition of long-term

37(1) Bulletins and other reports of the department.

38(2) A report of a special master indicating that a condition of
39long-term overdraft exists.

P31   1(c) A preliminary injunction may include, but is not limited to,
2any of the following:

3(1) A moratorium on new or increased appropriations of water.

4(2) A limitation on or reduction in the diversion or extraction
5of water.

6(3) An allocation among the parties establishing amounts of
7extraction allowed during the pendency of the action.

8(4) Procedures for voluntary transfers.

9(d) The court shall issue a preliminary injunction upon a
10determination of all of the following:

11(1) The basin is in a condition of long-term overdraft.

12(2) The basin is a probationary basin or is not in compliance
13with the planning deadlines in subdivision (a) of Section 10720.7.

14(3) There is no interim plan in effect for the basin pursuant to
15Section 10735.8.

16(e) The court may provide a schedule for further reductions in
17extractions over a period of years if the court finds that doing so
18appears reasonably necessary to meet the sustainability goal within
19the timelines provided in subdivision (b) of Section 10727.2.

20(f) The terms of a preliminary injunction shall not determine
21the rights in the final judgment of the action.

22(g) No bond or undertaking shall be required for the issuance
23of a preliminary injunction.

24(h) The court may appoint a watermaster to oversee the
25enforcement of a preliminary injunction.

end insert


27Article begin delete7. end deletebegin insert12.end insert  Expert Witnesses



begin delete10743.end delete
30begin insert10744.end insert  

(a) In addition to the other disclosures required by this
31chapter, a party shall disclose to the other parties the identity of
32any expert witness it may use at trial to present evidence.

33(b) Unless otherwisebegin delete stipulated orend delete ordered by the court, this
34disclosure shall be accompanied by a written report, prepared and
35signed by the expert witness, if the expert witness is retained or
36specially employedbegin delete to provide expert testimony in the case or
37whoseend delete
begin insert by the party offering the expert witness to testify as an expert
38in the action, or if the expert witness’send insert
duties as the party’s
39employee regularly involve giving expert testimony. The report
40shall contain all of the following:

P32   1(1) A complete statement of all opinions the expert witness will
2express and the basis and reasons forbegin delete them.end deletebegin insert those opinions.end insert

3(2) The facts or data considered by the expert witness in forming
4his or her opinions.

5(3) Any exhibitsbegin delete that will be used to summarize or support the
6opinions of the expert witness.end delete
begin insert the expert witness will use to
7summarize or support his or her opinion.end insert

8(4) The expertbegin delete witness’end deletebegin insert witness’send insert qualifications, including a list
9of all publications authoredbegin insert by the expert witnessend insert in the previous
1010 years.

11(5) A list of all other cases inbegin delete which, during the previous four
12years,end delete
begin insert whichend insert the expert witnessbegin delete testifiedend deletebegin insert testified,end insert as an expert at
13trial or by begin deletedeposition.end deletebegin insert deposition, in the last five years.end insert

14(6) A statement of the compensation to be paidbegin delete to the expert
15witness for the study and testimony in the case.end delete
begin insert for the witness’s
16work and testimony in the adjudication action.end insert

17(c) begin deleteUnless otherwise stipulated or ordered by the court, if the
18expert witness is not required to provide a written report, the end delete
begin insertIf
19 subdivision (b) does not apply to an expert, the witness’send insert
20shallbegin delete stateend deletebegin insert includeend insert both of the following:

21(1) The subject matter on which the expert witness is expected
22to present evidence.

23(2) A summary of thebegin delete facts and opinions to which theend delete expert
24begin delete witness is expected to testify.end deletebegin insert witness’s opinions and the facts or
25data considered by the expert witness in forming his or her opinion.end insert

begin delete

26(d) A party shall make the required disclosures at the times and
27in the sequence that the court orders. Absent a stipulation or a court
28order, the disclosures shall be made at either of the following times:

29(1) At least 90 days before the date set for trial or for the case
30to be ready for trial.

31(2) If the evidence is intended solely to contradict or rebut
32evidence on the same subject matter identified by another party,
33within 30 days after the other party’s disclosure.

end delete
begin insert

34(d) Unless otherwise stipulated by the parties, a party shall
35make the disclosures of any expert witness it intends to present at
36trial, except for an expert witness presented solely for purposes
37of impeachment or rebuttal, at the times and in the sequence
38ordered by the court. If there is no stipulation or court order, the
39disclosures of an expert witness shall be made as follows:

end insert
begin insert

P33   1(1) No sooner than 30 days after the court’s entry of an order
2establishing the scope of the relevant phase of the adjudication

end insert
begin insert

4(2) Except for a supplemental expert witness described in
5paragraph (3), no later than 60 days before the date set for trial
6for the relevant phase of the adjudication action.

end insert
begin insert

7(3) For a supplemental expert witness who will express an
8opinion on a subject to be covered by another expert witness
9designated by an adverse party that was not among the subjects
10covered by an expert witness initially disclosed by the party
11offering the supplemental expert witness, no more than 20 days
12after the initial expert witness disclosure date.

end insert
begin insert

13(e) The court may modify the disclosure requirements of
14subdivisions (b) through (d), inclusive, for expert witnesses
15presented solely for purposes of impeachment or rebuttal. In
16modifying the disclosure requirements, the court shall adopt
17disclosure requirements that expedite the court’s consideration of
18the issues presented and shall ensure that expert testimony
19presented solely for the purposes of impeachment or rebuttal is
20strictly limited to the scope of the testimony that it intends to
21impeach or rebut.

end insert
begin insert

22(f) (1)  A party whose expert witness has made a disclosure
23pursuant to this section shall promptly supplement or correct the
24expert witness’s disclosure in either of the following instances:

end insert
begin insert

25(A) In a timely manner if the party learns that in some material
26respect the disclosure is incomplete or incorrect, if the additional
27or corrective information has not otherwise been made known to
28the other parties during the disclosure or discovery process.

end insert
begin insert

29(B) As ordered by the court.

end insert
begin insert

30(2) A party’s duty to supplement or correct its expert witness’s
31disclosure includes the information included in the report and the
32information given during the expert witness’s deposition. Unless
33otherwise stipulated by the parties or ordered by the court, any
34supplementation or correction shall occur at least 14 days before
35trial of the applicable phase of the adjudication action.

end insert
begin insert

36(3) The court may authorize a supplemental deposition of an
37expert witness based on a supplemental disclosure made pursuant
38to this subdivision. The court shall appropriately condition the
39authorization of a supplemental deposition of an expert witness
40to ensure the expeditious completion of the applicable phase of
P34   1the adjudication action. The court may require the party whose
2expert makes the supplemental disclosure to pay some or all of
3the costs associated with the supplemental deposition.

end insert
begin insert

4(g) If a party or its expert witness fails to comply with this
5section, the court may, upon notice and hearing, exclude the expert
6witness’s testimony from trial, authorize additional depositions of
7the expert witness at the party’s expense, or take other appropriate

end insert


begin insert
10Article begin insert13.end insert  begin insertWritten Testimonyend insert
end insert


begin insert

begin insert10744.5.end insert  

(a) A court in an adjudication action may require
13the parties to submit written testimony of witnesses in the forms
14of affidavits or declarations under penalty of perjury in lieu of
15presenting live testimony. The required written testimony may
16include, but is not limited to, expert witness opinions and testimony
17that authenticates documentary evidence. The court may order
18that the written testimony constitutes the entirety of the witness’s
19direct testimony, require the written testimony to include any
20exhibits offered in support of the written testimony, and, in the
21case of written testimony of an expert witness, require a statement
22of the witness’s qualifications.

23(b) If the court requires the submission of written testimony
24pursuant to subdivision (a), a complete copy of the direct testimony
25shall be served at least 21 days before trial. A complete copy of
26any rebuttal testimony shall be served no later than the first day
27of trial.

28(c) If the contents of the written testimony would have been
29admissible if the witness testified orally, the written testimony shall
30be received by the court as a documentary exhibit provided that
31the witness whose written testimony is being offered is made
32available for cross-examination by all parties.

end insert


begin insert
34Article begin insert14.end insert  begin insertPhysical Solutionend insert
end insert


begin insert

begin insert10745.end insert  

(a) The court shall have the authority and the duty to
37impose a physical solution on the parties in an adjudication action,
38consistent with Section 2 of Article X of the California Constitution,
39where necessary.

P35   1(b) Prior to adopting a physical solution presented by a party
2or considered on the court’s own motion, the court shall determine
3whether a physical solution is required to prevent waste and
4unreasonable use by Section 2 of Article X of the California
5Constitution after considering any existing groundwater
6sustainability plan or program.

end insert


begin insert
8Article begin insert15.end insert  begin insertStipulated Judgmentend insert
end insert


begin insert

begin insert10746.end insert  

(a) If a party, or a group of parties, submits a proposed
11stipulated judgment, the court may adopt the proposed stipulated
12judgment if the court finds that it meets all of the following criteria:

13(1) It is consistent with Section 2 of Article X of the California

15(2) It treats objecting parties and any persons who have claims
16that are exempted under Section 10738.4 equitably as compared
17to the stipulating parties.

18(3) It will not substantially impair the ability of a groundwater
19sustainability agency, the board, or the department to comply with
20this part and to achieve the sustainability goal.

21(b) (1) The court may adopt a proposed stipulated judgment,
22as applied to the stipulating parties, if the stipulation meets the
23criteria described in subdivision (a) and it is submitted by a party,
24or a group of parties, and supported by either of the following:

25(A) More than 50 percent of all named parties in the
26adjudication action.

27(B) Groundwater extractors responsible for at least 75 percent
28of the groundwater production in the basin during the past five
29calendar years.

30(2) A party objecting to a proposed stipulated judgment pursuant
31to this subdivision shall demonstrate, by a preponderance of the
32evidence, that the proposed stipulated judgment does not satisfy
33one or more criteria described in subdivision (a) or that it
34 substantially violates the party’s water rights. If the objecting
35party is unable to make this showing, the court may impose the
36proposed stipulated judgment on the objecting party. The objecting
37party may be subject to a preliminary injunction under Article 11
38(commencing with Section 10743.5) while the party’s objections
39remain unresolved.

end insert
begin insert
P36   1

begin insert10746.2.end insert  

Chapter 11 (commencing with Section 10735) shall
2not apply to a stipulated judgment approved by the court pursuant
3to Section 10746 if all of the following apply:

4(a) The proposed stipulated judgment meets the criteria of
5subdivision (a) of Section 10746.

6(b) All groundwater sustainability agencies within the basin
7support the proposed stipulated judgment.

8(c) A local agency has submitted the proposed stipulated
9judgment to the department for evaluation and assessment pursuant
10to Section 10733.4 or paragraph (2) of subdivision (b) of Section
1110733.6. Notwithstanding subdivision (c) of Section 10733.6, a
12proposed stipulated judgment may be submitted to the department
13after January 1, 2017.

14(d) The department determines that the proposed stipulated
15judgment satisfies the objectives of this part for the basin.

end insert


begin insert
17Article begin insert16.end insert  begin insertJudgment Binding on Successorsend insert
end insert


begin insert

begin insert10747.end insert  

The judgment in an adjudication action under this
20chapter shall be binding on the parties to the action, each party’s
21successors in interest, including, but not limited to, heirs, executors,
22administrators, assigns, lessees, licensees, and upon the agents
23and employees of all these persons, and upon all landowners or
24other persons claiming rights to extract groundwater from within
25the basin.

end insert


begin insert
27Article begin insert17.end insert  begin insertContinuing Jurisdictionend insert
end insert


begin insert

begin insert10748.end insert  

(a) The court shall have continuing jurisdiction to
30modify or amend a final judgment in an adjudication action as

32(1) In response to new information or changed circumstances.

33(2) In the interests of justice.

34(3) To ensure that the criteria of subdivision (a) of Section 10746
35are met.

36(b) When feasible, the judge who heard the original adjudication
37action should preside over subsequent actions or motions to modify
38or amend the judgment.

39(c) If the court has approved a stipulated judgment not subject
40to Chapter 11 (commencing with Section 10735) in accordance
P37   1with Section 10746.2, the department shall submit to the court the
2assessments and any recommended corrective actions that the
3department issues pursuant to Section 10733.8. The court, after
4notice and a hearing, shall determine whether to amend the
5judgment to adopt the department’s recommended corrective

end insert
7begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
8to Section 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

end insert