Actions Relating to Groundwater RightsScope of Action

Section § 833

Explanation
This law outlines when a court can comprehensively determine rights to extract groundwater from a basin. It typically applies when rights are being decided based on various legal claims like appropriation or overlying rights. However, it doesn't apply to cases about specific disputes between a few parties, like interference between wells, or when small quantities of water are involved that won't affect others. Courts can involve those using connected surface water or streams if it's important for deciding groundwater rights fairly. If the water claimed is very small, the court might choose to exclude those claims, though those people can still choose to be part of the broader legal process.
(a)CA Civil Procedure Code § 833(a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin, whether based on appropriation, overlying right, or other basis of right.
(b)CA Civil Procedure Code § 833(b) This chapter does not apply to any of the following:
(1)CA Civil Procedure Code § 833(b)(1) An action that concerns only allegations that a groundwater extraction facility, or group of facilities, is interfering with another groundwater extraction facility or facilities and does not involve a comprehensive allocation of the basin’s groundwater supply.
(2)CA Civil Procedure Code § 833(b)(2) An action that concerns only claims to extract, or to prevent interference with extractions of, a specific source of groundwater recharge and does not involve a comprehensive allocation of the basin’s groundwater supply.
(3)CA Civil Procedure Code § 833(b)(3) An action that can be resolved among a limited number of parties and does not involve a comprehensive determination of rights to extract groundwater within the basin.
(4)CA Civil Procedure Code § 833(b)(4) An adjudicated area described in subdivisions (a) to (d), inclusive, of Section 10720.8 of the Water Code, unless a court with jurisdiction over a proposed expansion of the adjudicated area orders that the proceeding be conducted in accordance with this chapter.
(c)CA Civil Procedure Code § 833(c) If the court finds that including an interconnected surface water body or subterranean stream flowing through known and definite channels is necessary for the fair and effective determination of the groundwater rights in a basin, the court may require the joinder of persons who claim rights to divert and use water from that surface water body or subterranean stream in a comprehensive adjudication conducted pursuant to this chapter.
(d)CA Civil Procedure Code § 833(d) If the court finds that claims of right to extract or divert only minor quantities of water, not to exceed five acre-feet of water per year, would not have a material effect on the groundwater rights of other parties, the court may exempt those claimants with respect to those claims for only minor quantities of water, but a person who is exempted may elect to continue as a party to the comprehensive adjudication.
groundwater extraction basin rights overlying right ...

Section § 834

Explanation

This law allows the court to decide who gets what groundwater rights in a specific area called a 'basin.' It covers rights based on different bases like how much water someone can take, the priority of those rights, and where and for what purpose they can use the water. The final decision might also include rules to manage the water fairly, ensuring that everyone follows a balanced plan.

(a)CA Civil Procedure Code § 834(a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.
(b)CA Civil Procedure Code § 834(b) The court’s final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.
groundwater rights basin water appropriation ...