Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1413Introduced by Assembly Member PapanFebruary 21, 2025 An act to amend Sections 834, 838, 849, and 850 of the Code of Civil Procedure, and to amend Sections 10726.6, 10737.2, and 10737.8 of the Water Code, relating to groundwater.LEGISLATIVE COUNSEL'S DIGESTAB 1413, as amended, Papan. Groundwater adjudication. Sustainable Groundwater Management Act: groundwater adjudication.Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law requires the department to periodically review the groundwater sustainability plans developed by groundwater sustainability agencies pursuant to the act to evaluate whether a plan conforms with specified laws and is likely to achieve the sustainability goal for the basin covered by the plan. Existing law authorizes a groundwater sustainability agency that adopts a groundwater sustainability plan to file a court action to determine the validity of the plan no sooner than 180 days following the adoption of the plan, as provided.Existing law establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.This bill would state that it is the intent of the Legislature to enact subsequent legislation that would establish a deferential standard for groundwater sustainability plans in a groundwater adjudication and consolidate challenges to a groundwater sustainability plan and a groundwater adjudication when both occur in the same basin.This bill would instead authorize groundwater sustainability agencies to file those actions within 180 days following the adoption of the plan. The bill would prohibit the court, in those validation actions, from adjudicating certain matters delegated to the department for evaluation.Existing law provides that an action against a groundwater sustainability agency that is located in a basin that is being adjudicated is subject to transfer, coordination, and consolidation with a comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.This bill would require an action against a groundwater sustainability agency that is located in a basin that is being adjudicated to be consolidated with a comprehensive adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act. The bill would also require the court hearing the consolidated action to try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.Existing law authorizes a court to enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan if, in addition to other criteria, the court finds the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.This bill, among other things, would provide that a judgment substantially impairs the ability of those entities to comply with the act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans that have been validated by a final judgment or by operation of law when no validation action or action to invalidate the validation was filed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. In enacting this measure, it is the intent of the Legislature to do the following:(a) Ensure that a comprehensive adjudication of groundwater rights in a basin does not interfere with the timely completion and implementation of a groundwater sustainability plan.(b) Ensure that a comprehensive adjudication of groundwater rights in a basin avoids redundancy and unnecessary costs in the development of technical information and a physical solution.(c) Ensure that a comprehensive adjudication of groundwater rights in a basin is consistent with the attainment of sustainable groundwater management within the timeframes established by the Sustainable Groundwater Management Act.(d) Ensure that courts shall not determine a basins safe yield or sustainable yield to be greater than that of a groundwater sustainability agencys determination in a valid groundwater sustainability plan for a basin.SEC. 2. Section 834 of the Code of Civil Procedure is amended to read:834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.(b) The Subject to the limitations in Section 850, the courts final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.SEC. 3. Section 838 of the Code of Civil Procedure is amended to read:838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.(2) A judge of the superior court in which an action is filed may, on the courts own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions.(b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court.(c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication.(d) (1) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation consolidated with the comprehensive adjudication, as appropriate, adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.(e)The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate.(2) In an action where consolidation occurs pursuant to paragraph (1), the court shall try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.SEC. 4. Section 849 of the Code of Civil Procedure is amended to read:849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. The requirements in Section 850 for a judgment shall also apply to any physical solution imposed by the court.SEC. 5. Section 850 of the Code of Civil Procedure is amended to read:850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria:(1) It is consistent with Section 2 of Article X of the California Constitution.(2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin.(3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties.(4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision.(b) (1) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), Act, if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.(2) A judgment substantially impairs the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans covering the basin and either of the following apply:(A) The groundwater sustainability plans have been validated by a final judgment issuing from a validation action or an action to invalidate the validation brought pursuant to Section 10726.6 of the Water Code.(B) The groundwater sustainability plans have been validated by operation of law because no validation action or action to invalidate the validation was filed.(c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision.(2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources the department shall jointly investigate and submit the report under paragraph (1).(d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved.(e) For purposes of this section the following definitions apply:(1) Disadvantaged communities means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) Small farmers means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agricultures California Underserved and Small Producers Program.SEC. 6. Section 10726.6 of the Water Code is amended to read:10726.6. (a) (1) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than within 180 days following the adoption of the plan.(2) Actions brought pursuant to paragraph (1) shall not adjudicate matters delegated to the department for evaluation pursuant to Section 10733 or regulations adopted pursuant to Section 10733.2. A judgment, or groundwater sustainability plan validated through a judgment or by operation of law, shall not be binding on, or applicable to, the department or the board.(b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located.(c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution.(d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.(e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure.SEC. 7. Section 10737.2 of the Water Code is amended to read:10737.2. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.(b) In an adjudication action for a basin required to have a groundwater sustainability plan pursuant to this part, the court shall not establish a safe yield or sustainable yield for the basin that exceeds the sustainable yield of the basin as established in a valid groundwater sustainability plan for the basin. A groundwater sustainability plan for a basin shall be presumed valid unless the groundwater sustainability plan has been ruled invalid pursuant to Section 10726.6 or has been referred to the board pursuant to Section 10735.2.SEC. 8. 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) A judgment substantially impairs the ability of a groundwater sustainability agency, the board, or the department to comply with this part if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plan or groundwater sustainability plans covering the basin. This judgment is not the only one that can substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part.SECTION 1.It is the intent of the Legislature to enact subsequent legislation that would establish a deferential standard for groundwater sustainability plans in a groundwater adjudication and consolidate challenges to a groundwater sustainability plan and a groundwater adjudication when both occur in the same basin.
Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1413Introduced by Assembly Member PapanFebruary 21, 2025 An act to amend Sections 834, 838, 849, and 850 of the Code of Civil Procedure, and to amend Sections 10726.6, 10737.2, and 10737.8 of the Water Code, relating to groundwater.LEGISLATIVE COUNSEL'S DIGESTAB 1413, as amended, Papan. Groundwater adjudication. Sustainable Groundwater Management Act: groundwater adjudication.Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law requires the department to periodically review the groundwater sustainability plans developed by groundwater sustainability agencies pursuant to the act to evaluate whether a plan conforms with specified laws and is likely to achieve the sustainability goal for the basin covered by the plan. Existing law authorizes a groundwater sustainability agency that adopts a groundwater sustainability plan to file a court action to determine the validity of the plan no sooner than 180 days following the adoption of the plan, as provided.Existing law establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.This bill would state that it is the intent of the Legislature to enact subsequent legislation that would establish a deferential standard for groundwater sustainability plans in a groundwater adjudication and consolidate challenges to a groundwater sustainability plan and a groundwater adjudication when both occur in the same basin.This bill would instead authorize groundwater sustainability agencies to file those actions within 180 days following the adoption of the plan. The bill would prohibit the court, in those validation actions, from adjudicating certain matters delegated to the department for evaluation.Existing law provides that an action against a groundwater sustainability agency that is located in a basin that is being adjudicated is subject to transfer, coordination, and consolidation with a comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.This bill would require an action against a groundwater sustainability agency that is located in a basin that is being adjudicated to be consolidated with a comprehensive adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act. The bill would also require the court hearing the consolidated action to try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.Existing law authorizes a court to enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan if, in addition to other criteria, the court finds the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.This bill, among other things, would provide that a judgment substantially impairs the ability of those entities to comply with the act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans that have been validated by a final judgment or by operation of law when no validation action or action to invalidate the validation was filed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 24, 2025
Amended IN Assembly March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1413
Introduced by Assembly Member PapanFebruary 21, 2025
Introduced by Assembly Member Papan
February 21, 2025
An act to amend Sections 834, 838, 849, and 850 of the Code of Civil Procedure, and to amend Sections 10726.6, 10737.2, and 10737.8 of the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1413, as amended, Papan. Groundwater adjudication. Sustainable Groundwater Management Act: groundwater adjudication.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law requires the department to periodically review the groundwater sustainability plans developed by groundwater sustainability agencies pursuant to the act to evaluate whether a plan conforms with specified laws and is likely to achieve the sustainability goal for the basin covered by the plan. Existing law authorizes a groundwater sustainability agency that adopts a groundwater sustainability plan to file a court action to determine the validity of the plan no sooner than 180 days following the adoption of the plan, as provided.Existing law establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.This bill would state that it is the intent of the Legislature to enact subsequent legislation that would establish a deferential standard for groundwater sustainability plans in a groundwater adjudication and consolidate challenges to a groundwater sustainability plan and a groundwater adjudication when both occur in the same basin.This bill would instead authorize groundwater sustainability agencies to file those actions within 180 days following the adoption of the plan. The bill would prohibit the court, in those validation actions, from adjudicating certain matters delegated to the department for evaluation.Existing law provides that an action against a groundwater sustainability agency that is located in a basin that is being adjudicated is subject to transfer, coordination, and consolidation with a comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.This bill would require an action against a groundwater sustainability agency that is located in a basin that is being adjudicated to be consolidated with a comprehensive adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act. The bill would also require the court hearing the consolidated action to try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.Existing law authorizes a court to enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan if, in addition to other criteria, the court finds the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.This bill, among other things, would provide that a judgment substantially impairs the ability of those entities to comply with the act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans that have been validated by a final judgment or by operation of law when no validation action or action to invalidate the validation was filed.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin and imposes specified duties upon that agency or combination of agencies, as provided. Existing law requires the department to periodically review the groundwater sustainability plans developed by groundwater sustainability agencies pursuant to the act to evaluate whether a plan conforms with specified laws and is likely to achieve the sustainability goal for the basin covered by the plan. Existing law authorizes a groundwater sustainability agency that adopts a groundwater sustainability plan to file a court action to determine the validity of the plan no sooner than 180 days following the adoption of the plan, as provided.
Existing law establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.
This bill would state that it is the intent of the Legislature to enact subsequent legislation that would establish a deferential standard for groundwater sustainability plans in a groundwater adjudication and consolidate challenges to a groundwater sustainability plan and a groundwater adjudication when both occur in the same basin.
This bill would instead authorize groundwater sustainability agencies to file those actions within 180 days following the adoption of the plan. The bill would prohibit the court, in those validation actions, from adjudicating certain matters delegated to the department for evaluation.
Existing law provides that an action against a groundwater sustainability agency that is located in a basin that is being adjudicated is subject to transfer, coordination, and consolidation with a comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.
This bill would require an action against a groundwater sustainability agency that is located in a basin that is being adjudicated to be consolidated with a comprehensive adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act. The bill would also require the court hearing the consolidated action to try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.
Existing law authorizes a court to enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan if, in addition to other criteria, the court finds the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.
This bill, among other things, would provide that a judgment substantially impairs the ability of those entities to comply with the act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans that have been validated by a final judgment or by operation of law when no validation action or action to invalidate the validation was filed.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. In enacting this measure, it is the intent of the Legislature to do the following:(a) Ensure that a comprehensive adjudication of groundwater rights in a basin does not interfere with the timely completion and implementation of a groundwater sustainability plan.(b) Ensure that a comprehensive adjudication of groundwater rights in a basin avoids redundancy and unnecessary costs in the development of technical information and a physical solution.(c) Ensure that a comprehensive adjudication of groundwater rights in a basin is consistent with the attainment of sustainable groundwater management within the timeframes established by the Sustainable Groundwater Management Act.(d) Ensure that courts shall not determine a basins safe yield or sustainable yield to be greater than that of a groundwater sustainability agencys determination in a valid groundwater sustainability plan for a basin.SEC. 2. Section 834 of the Code of Civil Procedure is amended to read:834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.(b) The Subject to the limitations in Section 850, the courts final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.SEC. 3. Section 838 of the Code of Civil Procedure is amended to read:838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.(2) A judge of the superior court in which an action is filed may, on the courts own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions.(b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court.(c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication.(d) (1) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation consolidated with the comprehensive adjudication, as appropriate, adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.(e)The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate.(2) In an action where consolidation occurs pursuant to paragraph (1), the court shall try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.SEC. 4. Section 849 of the Code of Civil Procedure is amended to read:849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. The requirements in Section 850 for a judgment shall also apply to any physical solution imposed by the court.SEC. 5. Section 850 of the Code of Civil Procedure is amended to read:850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria:(1) It is consistent with Section 2 of Article X of the California Constitution.(2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin.(3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties.(4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision.(b) (1) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), Act, if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.(2) A judgment substantially impairs the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans covering the basin and either of the following apply:(A) The groundwater sustainability plans have been validated by a final judgment issuing from a validation action or an action to invalidate the validation brought pursuant to Section 10726.6 of the Water Code.(B) The groundwater sustainability plans have been validated by operation of law because no validation action or action to invalidate the validation was filed.(c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision.(2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources the department shall jointly investigate and submit the report under paragraph (1).(d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved.(e) For purposes of this section the following definitions apply:(1) Disadvantaged communities means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) Small farmers means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agricultures California Underserved and Small Producers Program.SEC. 6. Section 10726.6 of the Water Code is amended to read:10726.6. (a) (1) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than within 180 days following the adoption of the plan.(2) Actions brought pursuant to paragraph (1) shall not adjudicate matters delegated to the department for evaluation pursuant to Section 10733 or regulations adopted pursuant to Section 10733.2. A judgment, or groundwater sustainability plan validated through a judgment or by operation of law, shall not be binding on, or applicable to, the department or the board.(b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located.(c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution.(d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.(e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure.SEC. 7. Section 10737.2 of the Water Code is amended to read:10737.2. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.(b) In an adjudication action for a basin required to have a groundwater sustainability plan pursuant to this part, the court shall not establish a safe yield or sustainable yield for the basin that exceeds the sustainable yield of the basin as established in a valid groundwater sustainability plan for the basin. A groundwater sustainability plan for a basin shall be presumed valid unless the groundwater sustainability plan has been ruled invalid pursuant to Section 10726.6 or has been referred to the board pursuant to Section 10735.2.SEC. 8. 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) A judgment substantially impairs the ability of a groundwater sustainability agency, the board, or the department to comply with this part if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plan or groundwater sustainability plans covering the basin. This judgment is not the only one that can substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part.SECTION 1.It is the intent of the Legislature to enact subsequent legislation that would establish a deferential standard for groundwater sustainability plans in a groundwater adjudication and consolidate challenges to a groundwater sustainability plan and a groundwater adjudication when both occur in the same basin.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. In enacting this measure, it is the intent of the Legislature to do the following:(a) Ensure that a comprehensive adjudication of groundwater rights in a basin does not interfere with the timely completion and implementation of a groundwater sustainability plan.(b) Ensure that a comprehensive adjudication of groundwater rights in a basin avoids redundancy and unnecessary costs in the development of technical information and a physical solution.(c) Ensure that a comprehensive adjudication of groundwater rights in a basin is consistent with the attainment of sustainable groundwater management within the timeframes established by the Sustainable Groundwater Management Act.(d) Ensure that courts shall not determine a basins safe yield or sustainable yield to be greater than that of a groundwater sustainability agencys determination in a valid groundwater sustainability plan for a basin.
SECTION 1. In enacting this measure, it is the intent of the Legislature to do the following:(a) Ensure that a comprehensive adjudication of groundwater rights in a basin does not interfere with the timely completion and implementation of a groundwater sustainability plan.(b) Ensure that a comprehensive adjudication of groundwater rights in a basin avoids redundancy and unnecessary costs in the development of technical information and a physical solution.(c) Ensure that a comprehensive adjudication of groundwater rights in a basin is consistent with the attainment of sustainable groundwater management within the timeframes established by the Sustainable Groundwater Management Act.(d) Ensure that courts shall not determine a basins safe yield or sustainable yield to be greater than that of a groundwater sustainability agencys determination in a valid groundwater sustainability plan for a basin.
SECTION 1. In enacting this measure, it is the intent of the Legislature to do the following:
### SECTION 1.
(a) Ensure that a comprehensive adjudication of groundwater rights in a basin does not interfere with the timely completion and implementation of a groundwater sustainability plan.
(b) Ensure that a comprehensive adjudication of groundwater rights in a basin avoids redundancy and unnecessary costs in the development of technical information and a physical solution.
(c) Ensure that a comprehensive adjudication of groundwater rights in a basin is consistent with the attainment of sustainable groundwater management within the timeframes established by the Sustainable Groundwater Management Act.
(d) Ensure that courts shall not determine a basins safe yield or sustainable yield to be greater than that of a groundwater sustainability agencys determination in a valid groundwater sustainability plan for a basin.
SEC. 2. Section 834 of the Code of Civil Procedure is amended to read:834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.(b) The Subject to the limitations in Section 850, the courts final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.
SEC. 2. Section 834 of the Code of Civil Procedure is amended to read:
### SEC. 2.
834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.(b) The Subject to the limitations in Section 850, the courts final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.
834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.(b) The Subject to the limitations in Section 850, the courts final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.
834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.(b) The Subject to the limitations in Section 850, the courts final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.
834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin.
(b) The Subject to the limitations in Section 850, the courts final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication.
SEC. 3. Section 838 of the Code of Civil Procedure is amended to read:838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.(2) A judge of the superior court in which an action is filed may, on the courts own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions.(b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court.(c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication.(d) (1) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation consolidated with the comprehensive adjudication, as appropriate, adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.(e)The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate.(2) In an action where consolidation occurs pursuant to paragraph (1), the court shall try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.
SEC. 3. Section 838 of the Code of Civil Procedure is amended to read:
### SEC. 3.
838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.(2) A judge of the superior court in which an action is filed may, on the courts own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions.(b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court.(c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication.(d) (1) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation consolidated with the comprehensive adjudication, as appropriate, adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.(e)The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate.(2) In an action where consolidation occurs pursuant to paragraph (1), the court shall try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.
838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.(2) A judge of the superior court in which an action is filed may, on the courts own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions.(b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court.(c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication.(d) (1) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation consolidated with the comprehensive adjudication, as appropriate, adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.(e)The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate.(2) In an action where consolidation occurs pursuant to paragraph (1), the court shall try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.
838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.(2) A judge of the superior court in which an action is filed may, on the courts own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions.(b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court.(c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication.(d) (1) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation consolidated with the comprehensive adjudication, as appropriate, adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.(e)The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate.(2) In an action where consolidation occurs pursuant to paragraph (1), the court shall try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.
838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication.
(2) A judge of the superior court in which an action is filed may, on the courts own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions.
(b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court.
(c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication.
(d) (1) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation consolidated with the comprehensive adjudication, as appropriate, adjudication if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agencys compliance with the timelines in the Sustainable Groundwater Management Act.
(e)The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate.
(2) In an action where consolidation occurs pursuant to paragraph (1), the court shall try the cause of action for judicial review of the groundwater sustainability plans determination of a basins sustainable yield before trying any other issue in the action.
SEC. 4. Section 849 of the Code of Civil Procedure is amended to read:849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. The requirements in Section 850 for a judgment shall also apply to any physical solution imposed by the court.
SEC. 4. Section 849 of the Code of Civil Procedure is amended to read:
### SEC. 4.
849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. The requirements in Section 850 for a judgment shall also apply to any physical solution imposed by the court.
849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. The requirements in Section 850 for a judgment shall also apply to any physical solution imposed by the court.
849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. The requirements in Section 850 for a judgment shall also apply to any physical solution imposed by the court.
849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.
(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. The requirements in Section 850 for a judgment shall also apply to any physical solution imposed by the court.
SEC. 5. Section 850 of the Code of Civil Procedure is amended to read:850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria:(1) It is consistent with Section 2 of Article X of the California Constitution.(2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin.(3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties.(4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision.(b) (1) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), Act, if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.(2) A judgment substantially impairs the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans covering the basin and either of the following apply:(A) The groundwater sustainability plans have been validated by a final judgment issuing from a validation action or an action to invalidate the validation brought pursuant to Section 10726.6 of the Water Code.(B) The groundwater sustainability plans have been validated by operation of law because no validation action or action to invalidate the validation was filed.(c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision.(2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources the department shall jointly investigate and submit the report under paragraph (1).(d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved.(e) For purposes of this section the following definitions apply:(1) Disadvantaged communities means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) Small farmers means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agricultures California Underserved and Small Producers Program.
SEC. 5. Section 850 of the Code of Civil Procedure is amended to read:
### SEC. 5.
850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria:(1) It is consistent with Section 2 of Article X of the California Constitution.(2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin.(3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties.(4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision.(b) (1) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), Act, if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.(2) A judgment substantially impairs the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans covering the basin and either of the following apply:(A) The groundwater sustainability plans have been validated by a final judgment issuing from a validation action or an action to invalidate the validation brought pursuant to Section 10726.6 of the Water Code.(B) The groundwater sustainability plans have been validated by operation of law because no validation action or action to invalidate the validation was filed.(c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision.(2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources the department shall jointly investigate and submit the report under paragraph (1).(d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved.(e) For purposes of this section the following definitions apply:(1) Disadvantaged communities means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) Small farmers means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agricultures California Underserved and Small Producers Program.
850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria:(1) It is consistent with Section 2 of Article X of the California Constitution.(2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin.(3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties.(4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision.(b) (1) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), Act, if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.(2) A judgment substantially impairs the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans covering the basin and either of the following apply:(A) The groundwater sustainability plans have been validated by a final judgment issuing from a validation action or an action to invalidate the validation brought pursuant to Section 10726.6 of the Water Code.(B) The groundwater sustainability plans have been validated by operation of law because no validation action or action to invalidate the validation was filed.(c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision.(2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources the department shall jointly investigate and submit the report under paragraph (1).(d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved.(e) For purposes of this section the following definitions apply:(1) Disadvantaged communities means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) Small farmers means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agricultures California Underserved and Small Producers Program.
850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria:(1) It is consistent with Section 2 of Article X of the California Constitution.(2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin.(3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties.(4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision.(b) (1) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), Act, if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.(2) A judgment substantially impairs the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans covering the basin and either of the following apply:(A) The groundwater sustainability plans have been validated by a final judgment issuing from a validation action or an action to invalidate the validation brought pursuant to Section 10726.6 of the Water Code.(B) The groundwater sustainability plans have been validated by operation of law because no validation action or action to invalidate the validation was filed.(c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision.(2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources the department shall jointly investigate and submit the report under paragraph (1).(d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved.(e) For purposes of this section the following definitions apply:(1) Disadvantaged communities means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) Small farmers means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agricultures California Underserved and Small Producers Program.
850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria:
(1) It is consistent with Section 2 of Article X of the California Constitution.
(2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin.
(3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties.
(4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision.
(b) (1) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), Act, if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management.
(2) A judgment substantially impairs the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plans covering the basin and either of the following apply:
(A) The groundwater sustainability plans have been validated by a final judgment issuing from a validation action or an action to invalidate the validation brought pursuant to Section 10726.6 of the Water Code.
(B) The groundwater sustainability plans have been validated by operation of law because no validation action or action to invalidate the validation was filed.
(c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision.
(2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources the department shall jointly investigate and submit the report under paragraph (1).
(d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved.
(e) For purposes of this section the following definitions apply:
(1) Disadvantaged communities means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.
(2) Small farmers means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agricultures California Underserved and Small Producers Program.
SEC. 6. Section 10726.6 of the Water Code is amended to read:10726.6. (a) (1) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than within 180 days following the adoption of the plan.(2) Actions brought pursuant to paragraph (1) shall not adjudicate matters delegated to the department for evaluation pursuant to Section 10733 or regulations adopted pursuant to Section 10733.2. A judgment, or groundwater sustainability plan validated through a judgment or by operation of law, shall not be binding on, or applicable to, the department or the board.(b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located.(c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution.(d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.(e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure.
SEC. 6. Section 10726.6 of the Water Code is amended to read:
### SEC. 6.
10726.6. (a) (1) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than within 180 days following the adoption of the plan.(2) Actions brought pursuant to paragraph (1) shall not adjudicate matters delegated to the department for evaluation pursuant to Section 10733 or regulations adopted pursuant to Section 10733.2. A judgment, or groundwater sustainability plan validated through a judgment or by operation of law, shall not be binding on, or applicable to, the department or the board.(b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located.(c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution.(d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.(e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure.
10726.6. (a) (1) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than within 180 days following the adoption of the plan.(2) Actions brought pursuant to paragraph (1) shall not adjudicate matters delegated to the department for evaluation pursuant to Section 10733 or regulations adopted pursuant to Section 10733.2. A judgment, or groundwater sustainability plan validated through a judgment or by operation of law, shall not be binding on, or applicable to, the department or the board.(b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located.(c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution.(d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.(e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure.
10726.6. (a) (1) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than within 180 days following the adoption of the plan.(2) Actions brought pursuant to paragraph (1) shall not adjudicate matters delegated to the department for evaluation pursuant to Section 10733 or regulations adopted pursuant to Section 10733.2. A judgment, or groundwater sustainability plan validated through a judgment or by operation of law, shall not be binding on, or applicable to, the department or the board.(b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located.(c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution.(d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.(e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure.
10726.6. (a) (1) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than within 180 days following the adoption of the plan.
(2) Actions brought pursuant to paragraph (1) shall not adjudicate matters delegated to the department for evaluation pursuant to Section 10733 or regulations adopted pursuant to Section 10733.2. A judgment, or groundwater sustainability plan validated through a judgment or by operation of law, shall not be binding on, or applicable to, the department or the board.
(b) Subject to Sections 394 and 397 of the Code of Civil Procedure, the venue for an action pursuant to this section shall be the county in which the principal office of the groundwater management agency is located.
(c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance or resolution imposing a new, or increasing an existing, fee imposed pursuant to Section 10730, 10730.2, or 10730.4 shall be commenced within 180 days following the adoption of the ordinance or resolution.
(d) Any person may pay a fee imposed pursuant to Section 10730, 10730.2, or 10730.4 under protest and bring an action against the governing body in the superior court to recover any money that the governing body refuses to refund. Payments made and actions brought under this section shall be made and brought in the manner provided for the payment of taxes under protest and actions for refund of that payment in Article 2 (commencing with Section 5140) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code, as applicable.
(e) Except as otherwise provided in this section, actions by a groundwater sustainability agency are subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure.
SEC. 7. Section 10737.2 of the Water Code is amended to read:10737.2. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.(b) In an adjudication action for a basin required to have a groundwater sustainability plan pursuant to this part, the court shall not establish a safe yield or sustainable yield for the basin that exceeds the sustainable yield of the basin as established in a valid groundwater sustainability plan for the basin. A groundwater sustainability plan for a basin shall be presumed valid unless the groundwater sustainability plan has been ruled invalid pursuant to Section 10726.6 or has been referred to the board pursuant to Section 10735.2.
SEC. 7. Section 10737.2 of the Water Code is amended to read:
### SEC. 7.
10737.2. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.(b) In an adjudication action for a basin required to have a groundwater sustainability plan pursuant to this part, the court shall not establish a safe yield or sustainable yield for the basin that exceeds the sustainable yield of the basin as established in a valid groundwater sustainability plan for the basin. A groundwater sustainability plan for a basin shall be presumed valid unless the groundwater sustainability plan has been ruled invalid pursuant to Section 10726.6 or has been referred to the board pursuant to Section 10735.2.
10737.2. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.(b) In an adjudication action for a basin required to have a groundwater sustainability plan pursuant to this part, the court shall not establish a safe yield or sustainable yield for the basin that exceeds the sustainable yield of the basin as established in a valid groundwater sustainability plan for the basin. A groundwater sustainability plan for a basin shall be presumed valid unless the groundwater sustainability plan has been ruled invalid pursuant to Section 10726.6 or has been referred to the board pursuant to Section 10735.2.
10737.2. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.(b) In an adjudication action for a basin required to have a groundwater sustainability plan pursuant to this part, the court shall not establish a safe yield or sustainable yield for the basin that exceeds the sustainable yield of the basin as established in a valid groundwater sustainability plan for the basin. A groundwater sustainability plan for a basin shall be presumed valid unless the groundwater sustainability plan has been ruled invalid pursuant to Section 10726.6 or has been referred to the board pursuant to Section 10735.2.
10737.2. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.
(b) In an adjudication action for a basin required to have a groundwater sustainability plan pursuant to this part, the court shall not establish a safe yield or sustainable yield for the basin that exceeds the sustainable yield of the basin as established in a valid groundwater sustainability plan for the basin. A groundwater sustainability plan for a basin shall be presumed valid unless the groundwater sustainability plan has been ruled invalid pursuant to Section 10726.6 or has been referred to the board pursuant to Section 10735.2.
SEC. 8. 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) A judgment substantially impairs the ability of a groundwater sustainability agency, the board, or the department to comply with this part if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plan or groundwater sustainability plans covering the basin. This judgment is not the only one that can substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part.
SEC. 8. Section 10737.8 of the Water Code is amended to read:
### SEC. 8.
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) A judgment substantially impairs the ability of a groundwater sustainability agency, the board, or the department to comply with this part if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plan or groundwater sustainability plans covering the basin. This judgment is not the only one that can substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part.
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) A judgment substantially impairs the ability of a groundwater sustainability agency, the board, or the department to comply with this part if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plan or groundwater sustainability plans covering the basin. This judgment is not the only one that can substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part.
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) A judgment substantially impairs the ability of a groundwater sustainability agency, the board, or the department to comply with this part if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plan or groundwater sustainability plans covering the basin. This judgment is not the only one that can substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part.
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) A judgment substantially impairs the ability of a groundwater sustainability agency, the board, or the department to comply with this part if it allows more total pumping from the basin annually or on average than the sustainable yield of the basin established in the latest groundwater sustainability plan or groundwater sustainability plans covering the basin. This judgment is not the only one that can substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part.
It is the intent of the Legislature to enact subsequent legislation that would establish a deferential standard for groundwater sustainability plans in a groundwater adjudication and consolidate challenges to a groundwater sustainability plan and a groundwater adjudication when both occur in the same basin.