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1 | + | Amended IN Senate June 14, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly April 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 560Introduced by Assembly Member BennettFebruary 08, 2023An act to amend Section 10737.8 of the Water Code, relating to groundwater. LEGISLATIVE COUNSEL'S DIGESTAB 560, as amended, Bennett. Sustainable Groundwater Management Act: groundwater adjudication. Existing law prohibits a court from approving entry of judgment in certain adjudication actions for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act, unless the court finds that the judgment would not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the Department of Water Resources to comply with the act and to achieve sustainable groundwater management.This bill would require the court to refer a proposed settlement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, as provided. The bill would require the board to consult with the department before making its determination. advisory determination, and would require the advisory determination to include findings on the consistency of the proposed judgment with the groundwater sustainability plan, as specified, and on how the proposed judgment would affect small and disadvantaged groundwater users.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. Section 10737.8 of the Water Code is amended to read:10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, the court shall refer a proposed settlement, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. The board shall consult with the department before making its advisory determination.(2) The boards advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment with the technical findings and conclusions of the groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment would affect small and disadvantaged groundwater users.(2)(3) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1). this subdivision. | |
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3 | + | Amended IN Senate June 14, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly April 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 560Introduced by Assembly Member BennettFebruary 08, 2023An act to amend Section 10737.8 of the Water Code, relating to groundwater. LEGISLATIVE COUNSEL'S DIGESTAB 560, as amended, Bennett. Sustainable Groundwater Management Act: groundwater adjudication. Existing law prohibits a court from approving entry of judgment in certain adjudication actions for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act, unless the court finds that the judgment would not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the Department of Water Resources to comply with the act and to achieve sustainable groundwater management.This bill would require the court to refer a proposed settlement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, as provided. The bill would require the board to consult with the department before making its determination. advisory determination, and would require the advisory determination to include findings on the consistency of the proposed judgment with the groundwater sustainability plan, as specified, and on how the proposed judgment would affect small and disadvantaged groundwater users.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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5 | + | Amended IN Senate June 14, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly April 12, 2023 | |
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7 | - | Amended IN Senate June 26, 2023 | |
8 | 7 | Amended IN Senate June 14, 2023 | |
9 | 8 | Amended IN Assembly May 18, 2023 | |
10 | 9 | Amended IN Assembly April 12, 2023 | |
11 | 10 | ||
12 | 11 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
13 | 12 | ||
14 | 13 | Assembly Bill | |
15 | 14 | ||
16 | 15 | No. 560 | |
17 | 16 | ||
18 | 17 | Introduced by Assembly Member BennettFebruary 08, 2023 | |
19 | 18 | ||
20 | 19 | Introduced by Assembly Member Bennett | |
21 | 20 | February 08, 2023 | |
22 | 21 | ||
23 | 22 | An act to amend Section 10737.8 of the Water Code, relating to groundwater. | |
24 | 23 | ||
25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
26 | 25 | ||
27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
28 | 27 | ||
29 | 28 | AB 560, as amended, Bennett. Sustainable Groundwater Management Act: groundwater adjudication. | |
30 | 29 | ||
31 | - | Existing law prohibits a court from approving entry of judgment in certain adjudication actions for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act, unless the court finds that the judgment would not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the Department of Water Resources to comply with the act and to achieve sustainable groundwater management.This bill would require the court | |
30 | + | Existing law prohibits a court from approving entry of judgment in certain adjudication actions for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act, unless the court finds that the judgment would not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the Department of Water Resources to comply with the act and to achieve sustainable groundwater management.This bill would require the court to refer a proposed settlement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, as provided. The bill would require the board to consult with the department before making its determination. advisory determination, and would require the advisory determination to include findings on the consistency of the proposed judgment with the groundwater sustainability plan, as specified, and on how the proposed judgment would affect small and disadvantaged groundwater users. | |
32 | 31 | ||
33 | 32 | Existing law prohibits a court from approving entry of judgment in certain adjudication actions for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act, unless the court finds that the judgment would not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the Department of Water Resources to comply with the act and to achieve sustainable groundwater management. | |
34 | 33 | ||
35 | - | This bill would require the court | |
34 | + | This bill would require the court to refer a proposed settlement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, as provided. The bill would require the board to consult with the department before making its determination. advisory determination, and would require the advisory determination to include findings on the consistency of the proposed judgment with the groundwater sustainability plan, as specified, and on how the proposed judgment would affect small and disadvantaged groundwater users. | |
36 | 35 | ||
37 | 36 | ## Digest Key | |
38 | 37 | ||
39 | 38 | ## Bill Text | |
40 | 39 | ||
41 | - | The people of the State of California do enact as follows:SECTION 1. Section 10737.8 of the Water Code is amended to read:10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, | |
40 | + | The people of the State of California do enact as follows:SECTION 1. Section 10737.8 of the Water Code is amended to read:10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, the court shall refer a proposed settlement, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. The board shall consult with the department before making its advisory determination.(2) The boards advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment with the technical findings and conclusions of the groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment would affect small and disadvantaged groundwater users.(2)(3) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1). this subdivision. | |
42 | 41 | ||
43 | 42 | The people of the State of California do enact as follows: | |
44 | 43 | ||
45 | 44 | ## The people of the State of California do enact as follows: | |
46 | 45 | ||
47 | - | SECTION 1. Section 10737.8 of the Water Code is amended to read:10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, | |
46 | + | SECTION 1. Section 10737.8 of the Water Code is amended to read:10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, the court shall refer a proposed settlement, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. The board shall consult with the department before making its advisory determination.(2) The boards advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment with the technical findings and conclusions of the groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment would affect small and disadvantaged groundwater users.(2)(3) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1). this subdivision. | |
48 | 47 | ||
49 | 48 | SECTION 1. Section 10737.8 of the Water Code is amended to read: | |
50 | 49 | ||
51 | 50 | ### SECTION 1. | |
52 | 51 | ||
53 | - | 10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, | |
52 | + | 10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, the court shall refer a proposed settlement, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. The board shall consult with the department before making its advisory determination.(2) The boards advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment with the technical findings and conclusions of the groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment would affect small and disadvantaged groundwater users.(2)(3) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1). this subdivision. | |
54 | 53 | ||
55 | - | 10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, | |
54 | + | 10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, the court shall refer a proposed settlement, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. The board shall consult with the department before making its advisory determination.(2) The boards advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment with the technical findings and conclusions of the groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment would affect small and disadvantaged groundwater users.(2)(3) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1). this subdivision. | |
56 | 55 | ||
57 | - | 10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, | |
56 | + | 10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment, the court shall refer a proposed settlement, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. The board shall consult with the department before making its advisory determination.(2) The boards advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment with the technical findings and conclusions of the groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment would affect small and disadvantaged groundwater users.(2)(3) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1). this subdivision. | |
58 | 57 | ||
59 | 58 | ||
60 | 59 | ||
61 | 60 | 10737.8. (a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management. | |
62 | 61 | ||
63 | - | (b) (1) Before entering final judgment, | |
62 | + | (b) (1) Before entering final judgment, the court shall refer a proposed settlement, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. The board shall consult with the department before making its advisory determination. | |
64 | 63 | ||
65 | - | (2) The boards | |
64 | + | (2) The boards advisory determination shall include findings on both of the following: | |
66 | 65 | ||
67 | - | (A) The consistency of the proposed judgment | |
66 | + | (A) The consistency of the proposed judgment with the technical findings and conclusions of the groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department. | |
68 | 67 | ||
69 | - | (B) How the proposed judgment | |
68 | + | (B) How the proposed judgment would affect small and disadvantaged groundwater users. | |
70 | 69 | ||
71 | - | (3) The parties shall include the boards nonbinding advisory determination of the proposed settlement agreement when filing the proposed settlement agreement with the court. The proposed settlement agreement filed with the court shall be the same as was submitted to the board for a nonbinding advisory determination. | |
72 | - | ||
73 | - | (3) | |
70 | + | (2) | |
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75 | 72 | ||
76 | 73 | ||
77 | - | ( | |
74 | + | (3) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1). this subdivision. |