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Chapter 4. Miscellaneous Provisions of California Water Code >> Division 6. >> Part 2.8. >> Chapter 4.
(a) Any action or proceeding to attack, review, set aside,
void, or annul the acts or decisions of an agricultural water
supplier on the grounds of noncompliance with this part shall be
commenced as follows:
(1) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part.
(2) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 120 days after submitting the plan or amendments to the plan to entities in accordance with Section 10844 or the taking of that action.
(b) In an action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an agricultural water supplier, on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agricultural water supplier has not proceeded in a manner required by law, or if the action by the agricultural water supplier is not supported by substantial evidence.
(1) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part.
(2) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 120 days after submitting the plan or amendments to the plan to entities in accordance with Section 10844 or the taking of that action.
(b) In an action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an agricultural water supplier, on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agricultural water supplier has not proceeded in a manner required by law, or if the action by the agricultural water supplier is not supported by substantial evidence.
The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to the preparation and adoption of plans pursuant to this
part. This part does not exempt projects for implementation of the
plan or for expanded or additional water supplies from the California
Environmental Quality Act.
An agricultural water supplier is not eligible for a water
grant or loan awarded or administered by the state unless the
supplier complies with this part.
An agricultural water supplier that provides water to less
than 25,000 irrigated acres, excluding recycled water, shall not be
required to implement the requirements of this part or Part 2.55
(commencing with Section 10608) unless sufficient funding has
specifically been provided to that water supplier for these purposes.
