Actions Relating to Groundwater RightsBasin Boundaries

Section § 841

Explanation

This law explains how the boundaries for a water rights court case should match the existing water basin boundaries unless there's a good reason otherwise. If the official borders of a water basin change after the case starts, the court can adjust the case boundaries to ensure fairness and meet the case's goals. If changing the boundaries will help figure out water rights more effectively, the court can ask parties involved in the case, the state water board, or a special master to request a boundary change from the department. Decisions by the department on these requests can be reviewed in court.

(a)CA Civil Procedure Code § 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 a basin.
(b)CA Civil Procedure Code § 841(b) 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.
(c)CA Civil Procedure Code § 841(c) 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:
(1)CA Civil Procedure Code § 841(c)(1) A party to the comprehensive adjudication.
(2)CA Civil Procedure Code § 841(c)(2) 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.
(3)CA Civil Procedure Code § 841(c)(3) A special master, if one has been appointed.
(d)CA Civil Procedure Code § 841(d) A determination of the department on a submission made pursuant to subdivision (c) is subject to judicial review pursuant to Section 1085. Venue shall be in the court with jurisdiction over the comprehensive adjudication and the case shall be coordinated with the comprehensive adjudication.
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