Chapter 12. Determination Of Rights To Groundwater of California Water Code >> Division 6. >> Part 2.74. >> Chapter 12.
Except as provided in this chapter, an adjudication action
to determine rights to groundwater in a basin shall be conducted in
accordance with the Code of Civil Procedure, including pursuant to
Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that
code.
In an adjudication action for a basin required to have a
groundwater sustainability plan under this part, the court shall
manage the proceedings in a manner that minimizes interference with
the timely completion and implementation of a groundwater
sustainability plan, avoids redundancy and unnecessary costs in the
development of technical information and a physical solution, and is
consistent with the attainment of sustainable groundwater management
within the timeframes established by this part.
(a) Chapter 11 (commencing with Section 10735) shall not
apply to a judgment approved by the court pursuant to Section 850 of
the Code of Civil Procedure if both of the following apply:
(1) A local agency or a party directed by the court to file the
submission submits the judgment to the department for evaluation and
assessment pursuant to paragraph (2) of subdivision (b) of Section
10733.6.
(2) The department determines that the judgment satisfies the
objectives of this part for the basin.
(b) A party or group of parties proposing a stipulated judgment
pursuant to subdivision (b) of Section 850 of the Code of Civil
Procedure may submit the proposed stipulated judgment to the
department for evaluation and assessment pursuant to paragraph (2) of
subdivision (b) of Section 10733.6.
(c) Notwithstanding subdivision (c) of Section 10733.6, a judgment
or proposed stipulated judgment pursuant to this section may be
submitted to the department after January 1, 2017.
(d) A determination of the department on a submission pursuant to
this section is subject to judicial review pursuant to Section 1085
of the Code of Civil Procedure. Venue shall be in the court with
jurisdiction over the adjudication action and the case shall be
coordinated with the adjudication action.
If the department determines that a judgment satisfies the
objectives of this part in accordance with paragraph (2) of
subdivision (a) of Section 10737.4, the department shall submit to
the court the assessments and any recommended corrective actions that
the department issues pursuant to Section 10733.8. The court, after
notice and, if necessary, an evidentiary hearing, shall determine
whether to amend the judgment pursuant to Section 852 of the Code of
Civil Procedure to adopt the department's recommended corrective
actions.
In addition to making any findings required by subdivision
(a) of Section 850 of the Code of Civil Procedure or any other law,
the court shall not approve entry of judgment in an adjudication
action for a basin required to have a groundwater sustainability plan
under this part unless the court finds that the judgment will not
substantially impair the ability of a groundwater sustainability
agency, the board, or the department to comply with this part and to
achieve sustainable groundwater management.