Amended IN Assembly April 01, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1466Introduced by Assembly Member HartFebruary 21, 2025 An act to amend Section 845 of, and to add Article 11.5 (commencing with Section 844.5) to Chapter 7 of Title 10 of Part 2 of of, the Code of Civil Procedure, relating to groundwater adjudication. LEGISLATIVE COUNSEL'S DIGESTAB 1466, as amended, Hart. Groundwater adjudication: burden of proof.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 establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.Generally, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that the party is asserting, except as specified.This bill would provide that in any action to adjudicate groundwater rights, as provided, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020, has been approved by the department, that party has the burden of proof. proof using substantial evidence standard of review. The bill would require the court to, in any adjudication in a basin where one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the department, request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court, as provided. The bill would provide for the payment or reimbursement of costs related to the technical report, as provided. The bill would provide that the technical report shall be prima facie evidence of the physical facts found in the report, as provided.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. Article 11.5 (commencing with Section 844.5) is added to Chapter 7 of Title 10 of Part 2 of the Code of Civil Procedure, to read: Article 11.5. Burden of Proof: Groundwater Sustainability Agency Action844.5. (a) Notwithstanding any other law, in any action to adjudicate groundwater rights pursuant to this chapter, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency, that party has the burden of proof. proof using substantial evidence standard of review.(b) This section shall apply only to any action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020. has been approved by the Department of Water Resources.SEC. 2. Section 845 of the Code of Civil Procedure is amended to read:845. (a) The court may appoint one or more special masters whose duties may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special masters compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a partys obligations to pay the special masters compensation upon a showing of good cause.(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report. (2) If the groundwater sustainability agency provides a report pursuant to paragraph (1), the agency shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.(3) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence.(d)(e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.(e)(f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.
Amended IN Assembly April 01, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1466Introduced by Assembly Member HartFebruary 21, 2025 An act to amend Section 845 of, and to add Article 11.5 (commencing with Section 844.5) to Chapter 7 of Title 10 of Part 2 of of, the Code of Civil Procedure, relating to groundwater adjudication. LEGISLATIVE COUNSEL'S DIGESTAB 1466, as amended, Hart. Groundwater adjudication: burden of proof.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 establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.Generally, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that the party is asserting, except as specified.This bill would provide that in any action to adjudicate groundwater rights, as provided, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020, has been approved by the department, that party has the burden of proof. proof using substantial evidence standard of review. The bill would require the court to, in any adjudication in a basin where one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the department, request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court, as provided. The bill would provide for the payment or reimbursement of costs related to the technical report, as provided. The bill would provide that the technical report shall be prima facie evidence of the physical facts found in the report, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly April 01, 2025
Amended IN Assembly April 01, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1466
Introduced by Assembly Member HartFebruary 21, 2025
Introduced by Assembly Member Hart
February 21, 2025
An act to amend Section 845 of, and to add Article 11.5 (commencing with Section 844.5) to Chapter 7 of Title 10 of Part 2 of of, the Code of Civil Procedure, relating to groundwater adjudication.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1466, as amended, Hart. Groundwater adjudication: burden of proof.
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 establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.Generally, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that the party is asserting, except as specified.This bill would provide that in any action to adjudicate groundwater rights, as provided, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020, has been approved by the department, that party has the burden of proof. proof using substantial evidence standard of review. The bill would require the court to, in any adjudication in a basin where one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the department, request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court, as provided. The bill would provide for the payment or reimbursement of costs related to the technical report, as provided. The bill would provide that the technical report shall be prima facie evidence of the physical facts found in the report, as provided.
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 establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court.
Generally, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that the party is asserting, except as specified.
This bill would provide that in any action to adjudicate groundwater rights, as provided, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020, has been approved by the department, that party has the burden of proof. proof using substantial evidence standard of review. The bill would require the court to, in any adjudication in a basin where one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the department, request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court, as provided. The bill would provide for the payment or reimbursement of costs related to the technical report, as provided. The bill would provide that the technical report shall be prima facie evidence of the physical facts found in the report, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 11.5 (commencing with Section 844.5) is added to Chapter 7 of Title 10 of Part 2 of the Code of Civil Procedure, to read: Article 11.5. Burden of Proof: Groundwater Sustainability Agency Action844.5. (a) Notwithstanding any other law, in any action to adjudicate groundwater rights pursuant to this chapter, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency, that party has the burden of proof. proof using substantial evidence standard of review.(b) This section shall apply only to any action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020. has been approved by the Department of Water Resources.SEC. 2. Section 845 of the Code of Civil Procedure is amended to read:845. (a) The court may appoint one or more special masters whose duties may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special masters compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a partys obligations to pay the special masters compensation upon a showing of good cause.(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report. (2) If the groundwater sustainability agency provides a report pursuant to paragraph (1), the agency shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.(3) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence.(d)(e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.(e)(f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 11.5 (commencing with Section 844.5) is added to Chapter 7 of Title 10 of Part 2 of the Code of Civil Procedure, to read: Article 11.5. Burden of Proof: Groundwater Sustainability Agency Action844.5. (a) Notwithstanding any other law, in any action to adjudicate groundwater rights pursuant to this chapter, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency, that party has the burden of proof. proof using substantial evidence standard of review.(b) This section shall apply only to any action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020. has been approved by the Department of Water Resources.
SECTION 1. Article 11.5 (commencing with Section 844.5) is added to Chapter 7 of Title 10 of Part 2 of the Code of Civil Procedure, to read:
### SECTION 1.
Article 11.5. Burden of Proof: Groundwater Sustainability Agency Action844.5. (a) Notwithstanding any other law, in any action to adjudicate groundwater rights pursuant to this chapter, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency, that party has the burden of proof. proof using substantial evidence standard of review.(b) This section shall apply only to any action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020. has been approved by the Department of Water Resources.
Article 11.5. Burden of Proof: Groundwater Sustainability Agency Action844.5. (a) Notwithstanding any other law, in any action to adjudicate groundwater rights pursuant to this chapter, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency, that party has the burden of proof. proof using substantial evidence standard of review.(b) This section shall apply only to any action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020. has been approved by the Department of Water Resources.
Article 11.5. Burden of Proof: Groundwater Sustainability Agency Action
Article 11.5. Burden of Proof: Groundwater Sustainability Agency Action
844.5. (a) Notwithstanding any other law, in any action to adjudicate groundwater rights pursuant to this chapter, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency, that party has the burden of proof. proof using substantial evidence standard of review.(b) This section shall apply only to any action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020. has been approved by the Department of Water Resources.
844.5. (a) Notwithstanding any other law, in any action to adjudicate groundwater rights pursuant to this chapter, if a party to the action is seeking judicial review of an action taken by a groundwater sustainability agency, that party has the burden of proof. proof using substantial evidence standard of review.
(b) This section shall apply only to any action taken by a groundwater sustainability agency pursuant to a groundwater sustainability plan that was adopted after January 30, 2020. has been approved by the Department of Water Resources.
SEC. 2. Section 845 of the Code of Civil Procedure is amended to read:845. (a) The court may appoint one or more special masters whose duties may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special masters compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a partys obligations to pay the special masters compensation upon a showing of good cause.(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report. (2) If the groundwater sustainability agency provides a report pursuant to paragraph (1), the agency shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.(3) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence.(d)(e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.(e)(f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.
SEC. 2. Section 845 of the Code of Civil Procedure is amended to read:
### SEC. 2.
845. (a) The court may appoint one or more special masters whose duties may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special masters compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a partys obligations to pay the special masters compensation upon a showing of good cause.(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report. (2) If the groundwater sustainability agency provides a report pursuant to paragraph (1), the agency shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.(3) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence.(d)(e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.(e)(f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.
845. (a) The court may appoint one or more special masters whose duties may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special masters compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a partys obligations to pay the special masters compensation upon a showing of good cause.(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report. (2) If the groundwater sustainability agency provides a report pursuant to paragraph (1), the agency shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.(3) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence.(d)(e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.(e)(f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.
845. (a) The court may appoint one or more special masters whose duties may include the following:(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.(2) Conducting joint factfinding with the parties, their designees, or both.(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).(4) Performing other tasks the court may deem appropriate.(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special masters compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a partys obligations to pay the special masters compensation upon a showing of good cause.(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.(d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report. (2) If the groundwater sustainability agency provides a report pursuant to paragraph (1), the agency shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.(3) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence.(d)(e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.(e)(f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.
845. (a) The court may appoint one or more special masters whose duties may include the following:
(1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846.
(2) Conducting joint factfinding with the parties, their designees, or both.
(3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847).
(4) Performing other tasks the court may deem appropriate.
(b) The court shall fix the special masters compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special masters compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a partys obligations to pay the special masters compensation upon a showing of good cause.
(c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates.
(d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report that, at a minimum, quantifies and describes the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report.
(2) If the groundwater sustainability agency provides a report pursuant to paragraph (1), the agency shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable.
(3) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence.
(d)
(e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code.
(e)
(f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law.