Actions Relating to Groundwater RightsPreliminary Injunction

Section § 847

Explanation

This law section discusses what happens when a water basin is using water faster than it can be replenished, a situation known as a long-term overdraft. If there's evidence of this, the court can issue a temporary order, called a preliminary injunction, to manage water use. This might include stopping new water usage, reducing current usage, or setting limits on water extraction. The court must ensure certain conditions are met before issuing such an order, and they might also introduce plans for gradually reducing water extraction over time. The orders made are not final decisions on water rights, and no financial guarantee is needed to enforce them. Additionally, the court can appoint someone to make sure the rules are followed.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 847(b) Bulletins and other reports of the department, and a report of a special master indicating that a condition of long-term overdraft exists in the basin, shall be admissible as evidence of a condition of long-term overdraft. This subdivision does not limit the admissibility of other relevant evidence.
(c)CA Civil Procedure Code § 847(c) The preliminary injunction may include any of the following terms:
(1)CA Civil Procedure Code § 847(c)(1) A moratorium on new or increased appropriations of water.
(2)CA Civil Procedure Code § 847(c)(2) A limitation on, or reduction in, the diversion or extraction of water.
(3)CA Civil Procedure Code § 847(c)(3) An allocation among the parties establishing amounts of extraction allowed during the pendency of the comprehensive adjudication.
(4)CA Civil Procedure Code § 847(c)(4) Procedures for voluntary transfers.
(d)CA Civil Procedure Code § 847(d) The court shall issue a preliminary injunction upon determining all of the following:
(1)CA Civil Procedure Code § 847(d)(1) The basin is in a condition of long-term overdraft.
(2)CA Civil Procedure Code § 847(d)(2) The basin has been designated as a probationary basin or the planning deadlines in subdivision (a) of Section 10720.7 of the Water Code are not being complied with.
(3)CA Civil Procedure Code § 847(d)(3) There is no interim plan in effect under Section 10735.8 of the Water Code.
(e)CA Civil Procedure Code § 847(e) The court may provide a schedule for further reductions in extractions over a period of years if it finds that doing so appears reasonably necessary to achieve groundwater sustainability within the timelines provided in subdivision (b) of Section 10727.2 of the Water Code.
(f)CA Civil Procedure Code § 847(f) The terms of a preliminary injunction shall not determine the rights in a final judgment of the comprehensive adjudication.
(g)CA Civil Procedure Code § 847(g) A bond or undertaking shall not be required for the issuance of a preliminary injunction pursuant to this section.
(h)CA Civil Procedure Code § 847(h) The court may appoint a watermaster to oversee enforcement of the preliminary injunction.
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