CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2313Introduced by Assembly Member BloomFebruary 16, 2022 An act to add Section 68556 to the Government Code, and to add Chapter 3.1 (commencing with Section 1107) to Part 1 of Division 2 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 2313, as introduced, Bloom. Water: judges and adjudications.(1) Existing law authorizes the Judicial Council to conduct institutes and seminars for the purpose of orienting judges to new judicial assignments, keeping them informed concerning new developments in the law, and promoting uniformity in judicial procedure, as specified.This bill would encourage the Judicial Council to establish a program that provides training and education to judges in specified actions relating to water, as defined. The bill would provide that the program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute. The bill would authorize the Chairperson of the Judicial Council to assign to certain actions relating to water a judge with that training or education.(2) Under existing law, when it appears to the court at any time before or during the trial of the action that expert evidence is or may be required by the court or by any party to the action, the court, on its own motion or on motion of any party, may appoint one or more experts to investigate, to render a report, and to testify as an expert at the trial of the action, as specified.For comprehensive groundwater adjudications, existing law authorizes the court to appoint one or more special masters with specified duties, including, among others, investigating technical and legal issues and performing other tasks the court may deem appropriate. Existing law requires the court to equitably allocate payment of the special masters compensation among the parties and authorizes the court to waive a partys obligations to pay the special masters compensation upon a showing of good cause.This bill would require the Judicial Council to identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute. The bill would authorize a judge to appoint a qualified special master to assist the judge with an action relating to water, as defined, with duties similar to those for special masters in comprehensive groundwater adjudications. The bill would authorize the reasonable and appropriate compensation for specialized staff and special masters employed or appointed pursuant to the bill, and for experts appointed to an action related to water pursuant to the procedure specified above, to be funded by an appropriation from the General Fund in the annual Budget Act or another statute. For a special master in a comprehensive groundwater adjudication, the bill would authorize their compensation to be provided pursuant to the procedures specified above under existing law or by that General Fund appropriation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature in enacting this act to support a Judicial Council-led program to broaden and sustain judicial expertise in the area of water law and litigation. Supported by experts in the field, this program would expand education and training for judges and access to specialized staff to increase judicial knowledge and procedural efficiencies in the adjudication of complex water cases.SEC. 2. Section 68556 is added to the Government Code, to read:68556. (a) (1) The Judicial Council is encouraged to establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.(2) The program may include the development of California-specific water conflict educational sessions, including meetings and conferences.(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.(4) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute.(b) For actions relating to water for which the Chairperson of the Judicial Council assigns a coordination motion judge or coordination trial judge, as those terms are defined in Rule 3.501 of the California Rules of Court, the Chairperson of the Judicial Council may assign a judge with training or education provided pursuant to subdivision (a).(c) For purposes of this section, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(1) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).(2) Disputes or conflicts involving water transfers or water supply.(3) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.(4) Groundwater or surface water management.(5) Any other action relating to water.SEC. 3. Chapter 3.1 (commencing with Section 1107) is added to Part 1 of Division 2 of the Water Code, to read: CHAPTER 3.1. Judicial Water Experts1107. The Judicial Council shall identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute.1107.5. (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 1108.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction.(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special masters compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.(c) The court may request the board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3.(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.1108. (a) A special master appointed pursuant to Section 1107.5 shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.(c) The special master may notice and hold hearings, as the special master deems appropriate, to gather information or address issues raised in the objections to the draft report.(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.1108.5. The reasonable and appropriate compensation for all of the following may be funded by an appropriation from the General Fund in the annual Budget Act or another statute:(a) Specialized staff employed pursuant to Section 1107.(b) A special master appointed pursuant to Section 1107.5.(c) An expert appointed to an action related to water pursuant to Section 730 of the Evidence Code.1109. For purposes of this chapter, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(a) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000)).(b) Disputes or conflicts involving water transfers or water supply.(c) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3.(d) Groundwater or surface water management.(e) Any other action relating to water.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2313Introduced by Assembly Member BloomFebruary 16, 2022 An act to add Section 68556 to the Government Code, and to add Chapter 3.1 (commencing with Section 1107) to Part 1 of Division 2 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 2313, as introduced, Bloom. Water: judges and adjudications.(1) Existing law authorizes the Judicial Council to conduct institutes and seminars for the purpose of orienting judges to new judicial assignments, keeping them informed concerning new developments in the law, and promoting uniformity in judicial procedure, as specified.This bill would encourage the Judicial Council to establish a program that provides training and education to judges in specified actions relating to water, as defined. The bill would provide that the program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute. The bill would authorize the Chairperson of the Judicial Council to assign to certain actions relating to water a judge with that training or education.(2) Under existing law, when it appears to the court at any time before or during the trial of the action that expert evidence is or may be required by the court or by any party to the action, the court, on its own motion or on motion of any party, may appoint one or more experts to investigate, to render a report, and to testify as an expert at the trial of the action, as specified.For comprehensive groundwater adjudications, existing law authorizes the court to appoint one or more special masters with specified duties, including, among others, investigating technical and legal issues and performing other tasks the court may deem appropriate. Existing law requires the court to equitably allocate payment of the special masters compensation among the parties and authorizes the court to waive a partys obligations to pay the special masters compensation upon a showing of good cause.This bill would require the Judicial Council to identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute. The bill would authorize a judge to appoint a qualified special master to assist the judge with an action relating to water, as defined, with duties similar to those for special masters in comprehensive groundwater adjudications. The bill would authorize the reasonable and appropriate compensation for specialized staff and special masters employed or appointed pursuant to the bill, and for experts appointed to an action related to water pursuant to the procedure specified above, to be funded by an appropriation from the General Fund in the annual Budget Act or another statute. For a special master in a comprehensive groundwater adjudication, the bill would authorize their compensation to be provided pursuant to the procedures specified above under existing law or by that General Fund appropriation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2313
Introduced by Assembly Member BloomFebruary 16, 2022
Introduced by Assembly Member Bloom
February 16, 2022
An act to add Section 68556 to the Government Code, and to add Chapter 3.1 (commencing with Section 1107) to Part 1 of Division 2 of the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2313, as introduced, Bloom. Water: judges and adjudications.
(1) Existing law authorizes the Judicial Council to conduct institutes and seminars for the purpose of orienting judges to new judicial assignments, keeping them informed concerning new developments in the law, and promoting uniformity in judicial procedure, as specified.This bill would encourage the Judicial Council to establish a program that provides training and education to judges in specified actions relating to water, as defined. The bill would provide that the program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute. The bill would authorize the Chairperson of the Judicial Council to assign to certain actions relating to water a judge with that training or education.(2) Under existing law, when it appears to the court at any time before or during the trial of the action that expert evidence is or may be required by the court or by any party to the action, the court, on its own motion or on motion of any party, may appoint one or more experts to investigate, to render a report, and to testify as an expert at the trial of the action, as specified.For comprehensive groundwater adjudications, existing law authorizes the court to appoint one or more special masters with specified duties, including, among others, investigating technical and legal issues and performing other tasks the court may deem appropriate. Existing law requires the court to equitably allocate payment of the special masters compensation among the parties and authorizes the court to waive a partys obligations to pay the special masters compensation upon a showing of good cause.This bill would require the Judicial Council to identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute. The bill would authorize a judge to appoint a qualified special master to assist the judge with an action relating to water, as defined, with duties similar to those for special masters in comprehensive groundwater adjudications. The bill would authorize the reasonable and appropriate compensation for specialized staff and special masters employed or appointed pursuant to the bill, and for experts appointed to an action related to water pursuant to the procedure specified above, to be funded by an appropriation from the General Fund in the annual Budget Act or another statute. For a special master in a comprehensive groundwater adjudication, the bill would authorize their compensation to be provided pursuant to the procedures specified above under existing law or by that General Fund appropriation.
(1) Existing law authorizes the Judicial Council to conduct institutes and seminars for the purpose of orienting judges to new judicial assignments, keeping them informed concerning new developments in the law, and promoting uniformity in judicial procedure, as specified.
This bill would encourage the Judicial Council to establish a program that provides training and education to judges in specified actions relating to water, as defined. The bill would provide that the program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute. The bill would authorize the Chairperson of the Judicial Council to assign to certain actions relating to water a judge with that training or education.
(2) Under existing law, when it appears to the court at any time before or during the trial of the action that expert evidence is or may be required by the court or by any party to the action, the court, on its own motion or on motion of any party, may appoint one or more experts to investigate, to render a report, and to testify as an expert at the trial of the action, as specified.
For comprehensive groundwater adjudications, existing law authorizes the court to appoint one or more special masters with specified duties, including, among others, investigating technical and legal issues and performing other tasks the court may deem appropriate. Existing law requires the court to equitably allocate payment of the special masters compensation among the parties and authorizes the court to waive a partys obligations to pay the special masters compensation upon a showing of good cause.
This bill would require the Judicial Council to identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute. The bill would authorize a judge to appoint a qualified special master to assist the judge with an action relating to water, as defined, with duties similar to those for special masters in comprehensive groundwater adjudications. The bill would authorize the reasonable and appropriate compensation for specialized staff and special masters employed or appointed pursuant to the bill, and for experts appointed to an action related to water pursuant to the procedure specified above, to be funded by an appropriation from the General Fund in the annual Budget Act or another statute. For a special master in a comprehensive groundwater adjudication, the bill would authorize their compensation to be provided pursuant to the procedures specified above under existing law or by that General Fund appropriation.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature in enacting this act to support a Judicial Council-led program to broaden and sustain judicial expertise in the area of water law and litigation. Supported by experts in the field, this program would expand education and training for judges and access to specialized staff to increase judicial knowledge and procedural efficiencies in the adjudication of complex water cases.SEC. 2. Section 68556 is added to the Government Code, to read:68556. (a) (1) The Judicial Council is encouraged to establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.(2) The program may include the development of California-specific water conflict educational sessions, including meetings and conferences.(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.(4) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute.(b) For actions relating to water for which the Chairperson of the Judicial Council assigns a coordination motion judge or coordination trial judge, as those terms are defined in Rule 3.501 of the California Rules of Court, the Chairperson of the Judicial Council may assign a judge with training or education provided pursuant to subdivision (a).(c) For purposes of this section, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(1) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).(2) Disputes or conflicts involving water transfers or water supply.(3) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.(4) Groundwater or surface water management.(5) Any other action relating to water.SEC. 3. Chapter 3.1 (commencing with Section 1107) is added to Part 1 of Division 2 of the Water Code, to read: CHAPTER 3.1. Judicial Water Experts1107. The Judicial Council shall identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute.1107.5. (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 1108.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction.(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special masters compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.(c) The court may request the board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3.(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.1108. (a) A special master appointed pursuant to Section 1107.5 shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.(c) The special master may notice and hold hearings, as the special master deems appropriate, to gather information or address issues raised in the objections to the draft report.(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.1108.5. The reasonable and appropriate compensation for all of the following may be funded by an appropriation from the General Fund in the annual Budget Act or another statute:(a) Specialized staff employed pursuant to Section 1107.(b) A special master appointed pursuant to Section 1107.5.(c) An expert appointed to an action related to water pursuant to Section 730 of the Evidence Code.1109. For purposes of this chapter, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(a) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000)).(b) Disputes or conflicts involving water transfers or water supply.(c) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3.(d) Groundwater or surface water management.(e) Any other action relating to water.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature in enacting this act to support a Judicial Council-led program to broaden and sustain judicial expertise in the area of water law and litigation. Supported by experts in the field, this program would expand education and training for judges and access to specialized staff to increase judicial knowledge and procedural efficiencies in the adjudication of complex water cases.
SECTION 1. It is the intent of the Legislature in enacting this act to support a Judicial Council-led program to broaden and sustain judicial expertise in the area of water law and litigation. Supported by experts in the field, this program would expand education and training for judges and access to specialized staff to increase judicial knowledge and procedural efficiencies in the adjudication of complex water cases.
SECTION 1. It is the intent of the Legislature in enacting this act to support a Judicial Council-led program to broaden and sustain judicial expertise in the area of water law and litigation. Supported by experts in the field, this program would expand education and training for judges and access to specialized staff to increase judicial knowledge and procedural efficiencies in the adjudication of complex water cases.
### SECTION 1.
SEC. 2. Section 68556 is added to the Government Code, to read:68556. (a) (1) The Judicial Council is encouraged to establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.(2) The program may include the development of California-specific water conflict educational sessions, including meetings and conferences.(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.(4) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute.(b) For actions relating to water for which the Chairperson of the Judicial Council assigns a coordination motion judge or coordination trial judge, as those terms are defined in Rule 3.501 of the California Rules of Court, the Chairperson of the Judicial Council may assign a judge with training or education provided pursuant to subdivision (a).(c) For purposes of this section, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(1) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).(2) Disputes or conflicts involving water transfers or water supply.(3) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.(4) Groundwater or surface water management.(5) Any other action relating to water.
SEC. 2. Section 68556 is added to the Government Code, to read:
### SEC. 2.
68556. (a) (1) The Judicial Council is encouraged to establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.(2) The program may include the development of California-specific water conflict educational sessions, including meetings and conferences.(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.(4) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute.(b) For actions relating to water for which the Chairperson of the Judicial Council assigns a coordination motion judge or coordination trial judge, as those terms are defined in Rule 3.501 of the California Rules of Court, the Chairperson of the Judicial Council may assign a judge with training or education provided pursuant to subdivision (a).(c) For purposes of this section, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(1) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).(2) Disputes or conflicts involving water transfers or water supply.(3) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.(4) Groundwater or surface water management.(5) Any other action relating to water.
68556. (a) (1) The Judicial Council is encouraged to establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.(2) The program may include the development of California-specific water conflict educational sessions, including meetings and conferences.(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.(4) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute.(b) For actions relating to water for which the Chairperson of the Judicial Council assigns a coordination motion judge or coordination trial judge, as those terms are defined in Rule 3.501 of the California Rules of Court, the Chairperson of the Judicial Council may assign a judge with training or education provided pursuant to subdivision (a).(c) For purposes of this section, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(1) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).(2) Disputes or conflicts involving water transfers or water supply.(3) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.(4) Groundwater or surface water management.(5) Any other action relating to water.
68556. (a) (1) The Judicial Council is encouraged to establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.(2) The program may include the development of California-specific water conflict educational sessions, including meetings and conferences.(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.(4) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute.(b) For actions relating to water for which the Chairperson of the Judicial Council assigns a coordination motion judge or coordination trial judge, as those terms are defined in Rule 3.501 of the California Rules of Court, the Chairperson of the Judicial Council may assign a judge with training or education provided pursuant to subdivision (a).(c) For purposes of this section, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(1) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).(2) Disputes or conflicts involving water transfers or water supply.(3) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.(4) Groundwater or surface water management.(5) Any other action relating to water.
68556. (a) (1) The Judicial Council is encouraged to establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.
(2) The program may include the development of California-specific water conflict educational sessions, including meetings and conferences.
(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.
(4) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute.
(b) For actions relating to water for which the Chairperson of the Judicial Council assigns a coordination motion judge or coordination trial judge, as those terms are defined in Rule 3.501 of the California Rules of Court, the Chairperson of the Judicial Council may assign a judge with training or education provided pursuant to subdivision (a).
(c) For purposes of this section, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:
(1) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).
(2) Disputes or conflicts involving water transfers or water supply.
(3) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) of Division 2 of the Water Code or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.
(4) Groundwater or surface water management.
(5) Any other action relating to water.
SEC. 3. Chapter 3.1 (commencing with Section 1107) is added to Part 1 of Division 2 of the Water Code, to read: CHAPTER 3.1. Judicial Water Experts1107. The Judicial Council shall identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute.1107.5. (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 1108.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction.(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special masters compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.(c) The court may request the board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3.(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.1108. (a) A special master appointed pursuant to Section 1107.5 shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.(c) The special master may notice and hold hearings, as the special master deems appropriate, to gather information or address issues raised in the objections to the draft report.(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.1108.5. The reasonable and appropriate compensation for all of the following may be funded by an appropriation from the General Fund in the annual Budget Act or another statute:(a) Specialized staff employed pursuant to Section 1107.(b) A special master appointed pursuant to Section 1107.5.(c) An expert appointed to an action related to water pursuant to Section 730 of the Evidence Code.1109. For purposes of this chapter, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(a) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000)).(b) Disputes or conflicts involving water transfers or water supply.(c) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3.(d) Groundwater or surface water management.(e) Any other action relating to water.
SEC. 3. Chapter 3.1 (commencing with Section 1107) is added to Part 1 of Division 2 of the Water Code, to read:
### SEC. 3.
CHAPTER 3.1. Judicial Water Experts1107. The Judicial Council shall identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute.1107.5. (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 1108.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction.(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special masters compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.(c) The court may request the board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3.(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.1108. (a) A special master appointed pursuant to Section 1107.5 shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.(c) The special master may notice and hold hearings, as the special master deems appropriate, to gather information or address issues raised in the objections to the draft report.(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.1108.5. The reasonable and appropriate compensation for all of the following may be funded by an appropriation from the General Fund in the annual Budget Act or another statute:(a) Specialized staff employed pursuant to Section 1107.(b) A special master appointed pursuant to Section 1107.5.(c) An expert appointed to an action related to water pursuant to Section 730 of the Evidence Code.1109. For purposes of this chapter, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(a) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000)).(b) Disputes or conflicts involving water transfers or water supply.(c) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3.(d) Groundwater or surface water management.(e) Any other action relating to water.
CHAPTER 3.1. Judicial Water Experts1107. The Judicial Council shall identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute.1107.5. (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 1108.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction.(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special masters compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.(c) The court may request the board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3.(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.1108. (a) A special master appointed pursuant to Section 1107.5 shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.(c) The special master may notice and hold hearings, as the special master deems appropriate, to gather information or address issues raised in the objections to the draft report.(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.1108.5. The reasonable and appropriate compensation for all of the following may be funded by an appropriation from the General Fund in the annual Budget Act or another statute:(a) Specialized staff employed pursuant to Section 1107.(b) A special master appointed pursuant to Section 1107.5.(c) An expert appointed to an action related to water pursuant to Section 730 of the Evidence Code.1109. For purposes of this chapter, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(a) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000)).(b) Disputes or conflicts involving water transfers or water supply.(c) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3.(d) Groundwater or surface water management.(e) Any other action relating to water.
CHAPTER 3.1. Judicial Water Experts
CHAPTER 3.1. Judicial Water Experts
1107. The Judicial Council shall identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute.
1107. The Judicial Council shall identify a set of independent and nonpartisan specialized staff employed by the judicial branch with expertise in water science, management, or law who will be available to any judge adjudicating a water dispute.
1107.5. (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 1108.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction.(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special masters compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.(c) The court may request the board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3.(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.
1107.5. (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, may include the following:
(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 1108.
(2) Conducting joint factfinding with the parties, their designees, or both.
(3) Investigating the need for, and developing a proposal for, a preliminary injunction.
(4) Performing other tasks the court may deem appropriate.
(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special masters compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.
(c) The court may request the board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.
(d) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3.
(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.
1108. (a) A special master appointed pursuant to Section 1107.5 shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.(c) The special master may notice and hold hearings, as the special master deems appropriate, to gather information or address issues raised in the objections to the draft report.(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.
1108. (a) A special master appointed pursuant to Section 1107.5 shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.
(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.
(c) The special master may notice and hold hearings, as the special master deems appropriate, to gather information or address issues raised in the objections to the draft report.
(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.
1108.5. The reasonable and appropriate compensation for all of the following may be funded by an appropriation from the General Fund in the annual Budget Act or another statute:(a) Specialized staff employed pursuant to Section 1107.(b) A special master appointed pursuant to Section 1107.5.(c) An expert appointed to an action related to water pursuant to Section 730 of the Evidence Code.
1108.5. The reasonable and appropriate compensation for all of the following may be funded by an appropriation from the General Fund in the annual Budget Act or another statute:
(a) Specialized staff employed pursuant to Section 1107.
(b) A special master appointed pursuant to Section 1107.5.
(c) An expert appointed to an action related to water pursuant to Section 730 of the Evidence Code.
1109. For purposes of this chapter, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:(a) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000)).(b) Disputes or conflicts involving water transfers or water supply.(c) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3.(d) Groundwater or surface water management.(e) Any other action relating to water.
1109. For purposes of this chapter, an action relating to water includes an action that partially or wholly consists of an action involving any of the following:
(a) Water quality, including, but not limited to, an enforcement action under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000)).
(b) Disputes or conflicts involving water transfers or water supply.
(c) Water rights, including, but not limited to, water rights administered pursuant to Part 2 (commencing with Section 1200) or adjudicated pursuant to Chapter 3 (commencing with Section 2500) of Part 3.
(d) Groundwater or surface water management.
(e) Any other action relating to water.