General Provisions - Actions Relating To Groundwater Rights - Civil Procedure - CA

Section § 830

This law sets up guidelines for handling legal cases about water rights when multiple parties have claims to groundwater. It aims to protect these rights, make the legal process efficient, and encourages parties to settle disputes. It supports sustainable groundwater management and respects federal and tribal water rights. The law also makes sure everyone involved is properly notified and given a chance to present their case, while ensuring that existing water rights rules are respected. Other general legal procedures apply unless they conflict with these specific guidelines.

(a) This chapter establishes methods and procedures for a comprehensive adjudication.

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

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

(2) Conducting a comprehensive adjudication in a manner that promotes efficiency, reduces unnecessary delays, and provides due process.

(3) Encouraging the compromise and settlement of comprehensive adjudications.

(4) Conducting a comprehensive adjudication in a manner that is consistent with the achievement of groundwater sustainability within the timeframes of the Sustainable Groundwater Management Act.

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

(6) Providing for the conduct of a comprehensive adjudication consistent with Winters v. United States (1908) 207 U.S. 564, the McCarran Amendment (codified at 43 U.S.C. Sec. 666), and any other federal laws regarding the determination of federal or tribal water rights, as applicable.

(7) Providing notice and due process sufficient to enable a court in a comprehensive adjudication conducted pursuant to this chapter to determine and establish the priority for unexercised water rights. The court may consider applying the principles established in In re Waters of Long Valley Creek Stream System (1979) 25 Cal.3d 339. Except as provided in this paragraph, this chapter shall not alter groundwater rights or the law concerning groundwater rights.

(c) The other provisions of this code apply to procedures in a comprehensive adjudication to the extent they do not conflict with the provisions of this chapter.

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Section § 831

This law section states that certain procedures outlined in another part of the legal code, specifically starting with Section 68630, are applicable to detailed legal proceedings described in this chapter.

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 chapter.

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Section § 831.5

This law focuses on the sharing of legal documents related to groundwater management in California. When a court case involves a groundwater basin that needs a sustainability plan, the court will appoint a party to send important documents to the relevant groundwater sustainability agency within 10 business days. These agencies must then make these documents available online within 20 business days to keep the public informed, unless the documents are sealed. If there are multiple agencies, they must decide among themselves which will handle the posting. The court will also decide how the costs for sending these documents are shared between the involved parties.

(a) 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), the court shall appoint one party to forward all case management orders, judgments, and interlocutory orders to the groundwater sustainability agency within 10 business days of issuance. The groundwater sustainability agency shall post the documents on its internet website in the interest of transparency and accessibility within 20 business days of receipt from a party. This section does not apply to any documents that have been sealed by the court.

(b) For a basin that has multiple groundwater sustainability agencies, the groundwater sustainability agencies, in consultation with the parties to the adjudication, shall select which agency will post these documents on its internet website.

(c) The court shall allocate payment of the costs incurred by the party appointed to forward all case management orders, judgments, and interlocutory orders to the groundwater sustainability agency among the parties in an amount and a manner that the court deems equitable.

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Section § 832

This section provides definitions for terms related to groundwater rights and management under this chapter. A 'basin' and 'groundwater' refer to areas and water resources defined elsewhere for legal purposes. A 'complaint' and 'comprehensive adjudication' involve legal actions to determine rights to extract groundwater. The 'condition of long-term overdraft' describes a situation where water extraction exceeds the supply over many years, except during temporary drought adjustments. The 'Department' is the Department of Water Resources. 'Groundwater extraction facilities' are tools for water extraction. 'Recharge' refers to methods of adding more water to the groundwater supply. The term 'person' includes various entities and individuals. 'Public water systems' and 'state small water systems' are defined by other legal provisions, and the 'Sustainable Groundwater Management Act' is legislation concerning groundwater management.

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” means a complaint filed in superior court to determine rights to extract groundwater and includes any cross-complaint that initiates a comprehensive adjudication in response to a plaintiff’s complaint or other cross-complaint.

(c) “Comprehensive adjudication” means an action filed in superior court to comprehensively determine rights to extract groundwater in a basin.

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

(e) “Department” means the Department of Water Resources.

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

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

(h) “Groundwater extraction facility” means a device or method for extracting groundwater in a basin.

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

(j) “Person” includes, but is not limited to, counties, local agencies, state agencies, federal agencies, tribes, business entities, and individuals.

(k) “Plaintiff” means the person filing the complaint initiating a comprehensive adjudication and includes a cross-complainant who initiates a comprehensive adjudication by cross-complaint.

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

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

(n) “Sustainable Groundwater Management Act” means Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code.

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