Article 2. Report Of Referee of California Water Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 2.
The board may base its report solely upon its own
investigations or in addition thereto may hold hearings and take
testimony.
The report of the board as referee may contain such opinion
upon the law and the facts as it deems proper in view of the issues
submitted.
The report shall set forth such findings of fact and
conclusions of law as may be required by the court's order of
reference.
Before filing its report the board shall announce it in the
form of a draft.
The board shall mail notice of the draft, together with a
copy of the draft, to the parties or their attorneys.
Within 30 days after the date of the mailing of the draft, or
within such further time as the court may for good cause allow, any
party may file objections to it with the board.
After the objections have been considered by the board or a
hearing has been held thereon if deemed advisable by it, the board
shall file its report as referee with the clerk of the court and give
notice by mail of the filing of its report to the parties or their
attorneys.
The report of the board as referee is subject to review by
the court upon exceptions thereto filed with the clerk of the court
within 30 days after date of mailing notice of the filing of the
report.
No exception to the report shall be considered, except in the
court's discretion or for good cause shown, unless it appears that
the matter of the exception was presented to the board in the form of
an objection.
The report filed by the board is prima facie evidence of the
physical facts therein found; but the court shall hear such evidence
as may be offered by any party to rebut the report or the prima facie
evidence.
(a) At any time after filing of the report by the board as
provided in Section 2016 the board, if it appears that underground
water is being pumped in an amount which, if not restricted, would
destroy or irreparably injure the waters of the basin due to ocean
water intrusion before final judgment can be had, may, on notice,
pursuant to the provisions of Section 527 of the Code of Civil
Procedure, apply to the court for a preliminary injunction,
restricting the pumping of water of the basin so as to avoid
irreparable injury to, or destruction of, the waters of the basin,
and the court may issue the injunction, subject to the provisions of
Section 2021, equitably restricting and apportioning the reduction in
the pumping of water.
(b) The provisions of this section apply only to actions to
determine rights to waters of underground basins located in the arid,
southern coastal area defined by the exterior boundaries of the
Counties of Santa Barbara, Ventura, Los Angeles, Orange, and San
Diego.
Where a preliminary injunction has been granted pursuant to
Section 2020, the final judgment shall equitably compensate in
quantities of water for such variations as there may be between the
rights of the parties to the use of water on which such preliminary
injunction is based, and as such rights are determined in such final
judgment.