Section 1005.3 Of Chapter 1. Definitions And Interpretation Of Division From California Water Code >> Division 2. >> Part 1. >> Chapter 1.
1005.3
. During the pendency of an action to adjudicate
substantially all water rights in a ground water basin situated in
whole or in part within the Tehachapi-Cummings County Water District
in Kern County, and until the date of judgment therein becomes final,
which finality may be subject to any reserved jurisdiction of the
court, the failure by any owner of water rights in and to such ground
water basin to pump or extract therefrom the full quantity of water
representing such water rights which he may be determined to have had
as of the date of commencement of the action, shall not result in a
loss of any portion of such water rights. The provisions of this
section shall apply to any such failure to pump or extract in any
water year, calendar year, or other year ending after the effective
date of this section, whether or not said action was commenced prior
to that effective date.
This special provision is necessary because there are special and
peculiar circumstances applicable to the ground water basins lying
wholly or partially within the Tehachapi-Cummings County Water
District. There are three such ground water basins, commonly referred
to as the Tehachapi Basin, the Brite Basin and the Cummings Basin.
The alluvial fill in each of said basins is very shallow when
contrasted to most other ground water basins in this state. It is
necessary to induce those pumpers who can possibly do so to reduce
their pumping from the basins if sufficient ground water reserves are
to be maintained for preservation of the existing economy until
supplemental water is available from the State Water Facilities.
Actions to adjudicate substantially all water rights have been filed
as to each of those basins.