BlackletterCalifornia law

CHAPTER 7. Actions Relating to Groundwater Rights [830. - 852.]

Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1.

§§ 830–852 · 26 sections

  1. ARTICLE 1. General Provisions §§ 830–832 · 4 sections
    • § 830 (a) This chapter establishes methods and procedures for a comprehensive adjudication. (b) This chapter shall be applied and interpreted consistently with all…
    • § 831 Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code applies to a comprehensive adjudication conducted pursuant to this…
    • § 831.5 (a) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74…
    • § 832 For purposes of this chapter, the following definitions apply: (a) “Basin” has the same meaning as defined in Section 10721 of the Water Code. (b) “Complaint”…
  2. ARTICLE 2. Scope of Action §§ 833–834 · 2 sections
    • § 833 (a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin,…
    • § 834 (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on…
  3. ARTICLE 3. Notice and Service of Complaint §§ 835–836.5 · 3 sections
    • § 835 (a) The plaintiff shall provide notice of the comprehensive adjudication to all of the following: (1) A groundwater sustainability agency that overlies the…
    • § 836 (a) When the plaintiff files the complaint, the plaintiff shall also lodge with the court both of the following: (1) (A) A draft notice titled “NOTICE OF…
    • § 836.5 (a) Within 15 days of the court order approving the notice and form answer under Section 836, the plaintiff shall request from the following entities the names…
  4. ARTICLE 4. Intervention §§ 837–837.5 · 2 sections
    • § 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…
    • § 837.5 (a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) This section does not affect substantive law.
  5. ARTICLE 5. Judge § 838 · 1 section
    • § 838 (a) (1) 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…
  6. ARTICLE 6. Electronic Service § 839 · 1 section
    • § 839 Service of pleadings and papers in a comprehensive adjudication, other than the complaint initiating a comprehensive adjudication, shall occur electronically…
  7. ARTICLE 7. Case Management § 840 · 1 section
    • § 840 (a) In managing a comprehensive adjudication, the court shall do both of the following: (1) Convene a case management conference as provided by the California…
  8. ARTICLE 8. Basin Boundaries § 841 · 1 section
    • § 841 (a) Except as otherwise provided in this section, the boundaries of the area subject to a comprehensive adjudication shall be consistent with the boundaries of…
  9. ARTICLE 9. Initial Disclosures § 842 · 1 section
    • § 842 (a) Except as otherwise stipulated by the parties or ordered by the court, within six months of appearing in a comprehensive adjudication, a party shall serve…
  10. ARTICLE 10. Expert Witnesses § 843 · 1 section
    • § 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…
  11. ARTICLE 11. Written Testimony § 844 · 1 section
    • § 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…
  12. ARTICLE 12. Special Master §§ 845–846 · 2 sections
    • § 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…
    • § 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…
  13. ARTICLE 13. Preliminary Injunction § 847 · 1 section
    • § 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)…
  14. ARTICLE 14. Stay § 848 · 1 section
    • § 848 (a) Upon the court’s own motion or the motion of any party to a comprehensive adjudication, a court may stay a comprehensive adjudication for a period of up to…
  15. ARTICLE 15. Physical Solution § 849 · 1 section
    • § 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…
  16. ARTICLE 16. Judgment § 850 · 1 section
    • § 850 (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria: (1) It is…
  17. ARTICLE 17. Judgment Binding on Successors § 851 · 1 section
    • § 851 The judgment in a comprehensive adjudication conducted pursuant to this chapter shall be binding on the parties to the comprehensive adjudication and all their…
  18. ARTICLE 18. Continuing Jurisdiction § 852 · 1 section
    • § 852 The court shall have continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication in response to new information, changed…