California 2023-2024 Regular Session

California Assembly Bill AB560 Compare Versions

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1-Amended IN Senate June 26, 2023 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 parties to an adjudication action to refer a submit a proposed settlement agreement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, management before filing the proposed settlement agreement with the court. The bill would require the board to provide its nonbinding advisory determination to the parties no later than 120 days after the proposed settlement agreement was submitted, and would require the parties to include the boards nonbinding advisory determination in the court filing, as provided. The bill would require the board to consult with the department before making its nonbinding advisory determination, and would require the nonbinding advisory determination to include findings on the consistency of the proposed judgment settlement agreement with the groundwater sustainability plan, as specified, plan and on how the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users, as specified.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, filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement 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 nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.(2) The boards nonbinding advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(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.(3)(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to this subdivision.
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 26, 2023 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 parties to an adjudication action to refer a submit a proposed settlement agreement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, management before filing the proposed settlement agreement with the court. The bill would require the board to provide its nonbinding advisory determination to the parties no later than 120 days after the proposed settlement agreement was submitted, and would require the parties to include the boards nonbinding advisory determination in the court filing, as provided. The bill would require the board to consult with the department before making its nonbinding advisory determination, and would require the nonbinding advisory determination to include findings on the consistency of the proposed judgment settlement agreement with the groundwater sustainability plan, as specified, plan and on how the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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 26, 2023 Amended IN Senate June 14, 2023 Amended IN Assembly May 18, 2023 Amended IN Assembly April 12, 2023
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
87 Amended IN Senate June 14, 2023
98 Amended IN Assembly May 18, 2023
109 Amended IN Assembly April 12, 2023
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1211 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1312
1413 Assembly Bill
1514
1615 No. 560
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1817 Introduced by Assembly Member BennettFebruary 08, 2023
1918
2019 Introduced by Assembly Member Bennett
2120 February 08, 2023
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2322 An act to amend Section 10737.8 of the Water Code, relating to groundwater.
2423
2524 LEGISLATIVE COUNSEL'S DIGEST
2625
2726 ## LEGISLATIVE COUNSEL'S DIGEST
2827
2928 AB 560, as amended, Bennett. Sustainable Groundwater Management Act: groundwater adjudication.
3029
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 parties to an adjudication action to refer a submit a proposed settlement agreement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, management before filing the proposed settlement agreement with the court. The bill would require the board to provide its nonbinding advisory determination to the parties no later than 120 days after the proposed settlement agreement was submitted, and would require the parties to include the boards nonbinding advisory determination in the court filing, as provided. The bill would require the board to consult with the department before making its nonbinding advisory determination, and would require the nonbinding advisory determination to include findings on the consistency of the proposed judgment settlement agreement with the groundwater sustainability plan, as specified, plan and on how the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users, as specified.
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.
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3332 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.
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35-This bill would require the court parties to an adjudication action to refer a submit a proposed settlement agreement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, management before filing the proposed settlement agreement with the court. The bill would require the board to provide its nonbinding advisory determination to the parties no later than 120 days after the proposed settlement agreement was submitted, and would require the parties to include the boards nonbinding advisory determination in the court filing, as provided. The bill would require the board to consult with the department before making its nonbinding advisory determination, and would require the nonbinding advisory determination to include findings on the consistency of the proposed judgment settlement agreement with the groundwater sustainability plan, as specified, plan and on how the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users, as specified.
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.
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3736 ## Digest Key
3837
3938 ## Bill Text
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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, filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement 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 nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.(2) The boards nonbinding advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(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.(3)(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to this subdivision.
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.
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4342 The people of the State of California do enact as follows:
4443
4544 ## The people of the State of California do enact as follows:
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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, filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement 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 nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.(2) The boards nonbinding advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(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.(3)(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to this subdivision.
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.
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4948 SECTION 1. Section 10737.8 of the Water Code is amended to read:
5049
5150 ### SECTION 1.
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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, filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement 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 nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.(2) The boards nonbinding advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(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.(3)(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to this subdivision.
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.
5453
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, filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement 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 nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.(2) The boards nonbinding advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(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.(3)(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to this subdivision.
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.
5655
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, filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement 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 nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.(2) The boards nonbinding advisory determination shall include findings on both of the following:(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.(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.(3)(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to this subdivision.
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.
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6160 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.
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63-(b) (1) Before entering final judgment, filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement 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 nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.
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.
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65-(2) The boards nonbinding advisory determination shall include findings on both of the following:
64+(2) The boards advisory determination shall include findings on both of the following:
6665
67-(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.
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.
6867
69-(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.
68+(B) How the proposed judgment would affect small and disadvantaged groundwater users.
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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)
7471
7572
7673
77-(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to this subdivision.
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.