Actions Relating to Groundwater RightsSpecial Master

Section § 845

Explanation

This law section explains that a court in California can appoint special masters to help with various tasks, like investigating legal and technical issues, conducting fact-finding, and making proposals for preliminary injunctions. The court will determine how much the special masters are paid and how the costs are divided among the parties, possibly waiving fees for anyone who shows they can't afford it. The court can also request recommendations for special masters from water authorities. Additionally, this section clarifies that appointing special masters does not change the court's power to appoint references or watermasters under other regulations.

(a)CA Civil Procedure Code § 845(a) The court may appoint one or more special masters whose duties may include the following:
(1)CA Civil Procedure Code § 845(a)(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.
(2)CA Civil Procedure Code § 845(a)(2) Conducting joint factfinding with the parties, their designees, or both.
(3)CA Civil Procedure Code § 845(a)(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).
(4)CA Civil Procedure Code § 845(a)(4) Performing other tasks the court may deem appropriate.
(b)CA Civil Procedure Code § 845(b) The court shall fix the special master’s compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special master’s compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a party’s obligations to pay the special master’s compensation upon a showing of good cause.
(c)CA Civil Procedure Code § 845(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.
(d)CA Civil Procedure Code § 845(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.
(e)CA Civil Procedure Code § 845(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.
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Section § 846

Explanation

This law section outlines what a special master needs to do when preparing a report for a court case. First, the special master must share a draft report with the involved parties and give them at least 60 days to provide any written objections. These objections need to clearly state the reasons and evidence for their concerns. The special master can hold hearings if needed to get more information about the objections. After considering the objections, the special master must finalize and submit the report and any supporting evidence to the court.

(a)CA Civil Procedure Code § 846(a) The special master shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.
(b)CA Civil Procedure Code § 846(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.
(c)CA Civil Procedure Code § 846(c) The special master may notice and hold hearings, as he or she deems appropriate, to gather information or address issues raised in the objections to the draft report.
(d)CA Civil Procedure Code § 846(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.
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