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Article 9. Hearing And Decree Of Court of California Water Code >> Division 2. >> Part 3. >> Chapter 3. >> Article 9.
As soon as practicable after adoption of the order of
determination, issuance of an order on reconsideration, or issuance
of an order denying reconsideration, whichever is later, a certified
copy of the order, together with the original evidence and transcript
of testimony filed with or taken before the board and certified by
it, shall be filed with the clerk of the superior court of the county
in which the stream system, or some part thereof, is situated.
Upon the filing of the certified copy of the order of
determination and the evidence and transcript, the board shall
procure an order from the court setting a time for hearing.
The clerk of the court shall immediately furnish the board
with a certified copy of the order setting the time for hearing.
Upon receiving the certified copy of the order setting the
time for hearing, the board shall immediately mail a copy of the
order by registered mail to each known party in interest at his last
known place of residence.
The board shall cause the order to be published at least once
a week for four consecutive weeks in some newspaper of general
circulation published in each county in which the stream system or
any part thereof is situated.
The board shall file with the clerk of the court proof of
service by registered mail and by publication.
Service by registered mail and by publication shall be deemed
full and sufficient notice to all parties in interest of the date
and purpose of the hearing.
At least 10 days prior to the day set for hearing, each party
in interest who is aggrieved or dissatisfied with the order of
determination may file with the clerk of the court notice of
exceptions to the order of determination.
The notice of exceptions shall state briefly the exceptions
taken, the reasons therefor, and the prayer for relief.
A copy of each notice of exception shall be sent by
registered mail at least 10 days prior to the hearing to the board
and to each person who was an adverse party to any issue raised by
the exception at a hearing of the board.
The order of determination, the statements or claims of
claimants, and the exceptions made to the order of determination
constitute the pleadings.
The court may allow such additional or amended pleadings as
may be necessary to a final determination of the proceeding.
If no exceptions are filed, then on the day set for the
hearing, on motion of the board, the court shall enter a decree
affirming the order of determination.
On the day set for hearing all parties in interest who have
filed notices of exceptions shall appear in person, or by counsel,
and the court shall hear the matter or set the time for hearing, and
shall continue the hearing until all exceptions are disposed of.
(a) No exception to the order of determination shall be
considered, except in the court's discretion for good cause shown,
unless the matter of the exception was presented to the board in the
form of an objection. Good cause includes, but is not limited to, the
existence of newly discovered relevant evidence which, in the
exercise of reasonable diligence, could not have been presented to
the board during the board's proceedings.
(b) This section does not apply to persons to whom the board did not mail either (1) written notice of the board meeting at which the petition pursuant to Section 2525 is to be considered as an item of business, or (2) written notice of the pendency of the proceedings pursuant to Section 2526.
(b) This section does not apply to persons to whom the board did not mail either (1) written notice of the board meeting at which the petition pursuant to Section 2525 is to be considered as an item of business, or (2) written notice of the pendency of the proceedings pursuant to Section 2526.
All proceedings on the hearing shall be as nearly as may be
in accordance with the rules governing civil actions.
Whenever in the judgment of the court the State is a
necessary party to the action, the court shall make an order to that
effect and thereupon a copy of all pleadings and proceedings on file
with the court in the action shall be served upon the Attorney
General who shall represent the State therein.
For further information on any subject in controversy the
court may employ one or more qualified persons to investigate and
report thereon under oath, subject to examination by any party in
interest as to his competency to give expert testimony on the
subject.
The court may take additional evidence on any issue and may,
if necessary, refer the case for such further evidence to be taken by
the board as the court may direct, and may require a further
determination by the board.
After the hearing, the court shall enter a decree determining
the right of all persons involved in the proceeding.
The decree shall in every case declare as to the water right
adjudged to each party, the priority, amount, season of use, purpose
of use, point of diversion, and place of use of the water; and as to
water used for irrigation, the decree shall also declare the specific
tracts of land to which it is appurtenant, together with such other
factors as may be necessary to define the right.
Upon the hearing the court may assess and adjudge against any
party such costs as it may deem just.
Appeals from the decree may be taken by the board or any
party in interest, in the same manner and with the same effect as in
civil cases.
A certified copy of the decree shall be prepared by the clerk
of the court, without charge, and filed for record in the office of
the county recorder of each county in which any part of the stream
system is situated and also in the office of the board.
The decree is conclusive as to the rights of all existing
claimants upon the stream system lawfully embraced in the
determination.
When a decree has been entered, any claimant who has failed
to appear and submit proof of his claim as provided in this chapter
shall be barred and estopped from subsequently asserting any rights
theretofore acquired upon the stream system embraced in the
proceedings, and shall be held to have forfeited all rights to water
theretofore claimed by him on the stream system, other than as
provided in the decree, unless entitled to relief under the laws of
this State.
