Actions Relating to Groundwater RightsCase Management

Section § 840

Explanation

This law section tells us how courts should handle complex legal cases involving water rights. The court must first hold a meeting to discuss the case details and how it will be managed. For cases dealing with groundwater basins that need a sustainability plan, the court follows specific guidelines from another part of the water law. In early meetings, the court might adjust basin boundaries, pause the case, appoint experts, or decide on early legal actions. The court can break the case into stages, decide what evidence-gathering is allowed, and ensure issues are only dealt with once. They may also group property owners with groundwater rights into a class for efficient handling.

(a)CA Civil Procedure Code § 840(a) In managing a comprehensive adjudication, the court shall do both of the following:
(1)CA Civil Procedure Code § 840(a)(1) Convene a case management conference as provided by the California Rules of Court.
(2)CA Civil Procedure Code § 840(a)(2) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), manage the case in accordance with Section 10737.2 of the Water Code.
(b)CA Civil Procedure Code § 840(b) In an initial case management conference, or as soon as practicable, the court may consider the following in addition to other matters:
(1)CA Civil Procedure Code § 840(b)(1) Determining whether to seek adjustment of the basin boundaries pursuant to Section 841.
(2)CA Civil Procedure Code § 840(b)(2) Staying the action pursuant to Section 848.
(3)CA Civil Procedure Code § 840(b)(3) Appointing a special master pursuant to Section 845.
(4)CA Civil Procedure Code § 840(b)(4) Scheduling a hearing on a preliminary injunction pursuant to Section 847.
(5)CA Civil Procedure Code § 840(b)(5) Dividing the case into phases to resolve legal and factual issues.
(6)CA Civil Procedure Code § 840(b)(6) Issuing orders to ensure that issues resolved in one phase are not relitigated in another phase.
(7)CA Civil Procedure Code § 840(b)(7) Limiting discovery to correspond to the phases.
(8)CA Civil Procedure Code § 840(b)(8) Scheduling early resolution of claims to prescriptive rights.
(9)CA Civil Procedure Code § 840(b)(9) Forming a class or classes of overlying groundwater rights holders pursuant to the criteria specified in Section 382.
case management conference groundwater sustainability plan basin boundaries ...