AB 779 — Groundwater: adjudication.

Summary

(1) Existing law establishes various methods and procedures for a comprehensive adjudication of groundwater rights in civil court. This bill would require the court, in an adjudication action for a basin required to have a groundwater sustainability plan, to appoint one party to forward all case management orders, judgments, and interlocutory orders to the groundwater sustainability agency within 10 business days of issuance. The bill would require the court to allocate payment of the costs incurred by the party appointed to forward all case management orders, judgments, and interlocutory orders to the groundwater sustainability agency among the parties in an amount and a manner that the court deems equitable. The bill would require the groundwater sustainability agency to post the documents on its internet website in the interest of transparency and accessibility within 20 business days of receipt from a party, as specified. The bill would authorize the court to refer the matter to the State Water Resources Control Board for investigation and report in order to assist the court in making findings pursuant to these provisions, and would authorize a party to request that the court refer the matter to the board for these purposes, as specified. The bill would require the court to consider the water use of and accessibility of water for small farmers and disadvantaged communities, as those terms are defined, before entering a judgment. (2) 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, among other duties, a groundwater sustainability agency to evaluate its groundwater sustainability plan periodically. Existing law requires a groundwater sustainability agency, on the April 1 following the adoption of a groundwater sustainability plan and annually thereafter, to report specified information about the groundwater basin to the department. This bill would require a groundwater sustainability agency to submit copies of those reports to the court during the duration of an adjudication proceeding. The bill would require all monitoring and reporting required under a groundwater sustainability plan or an interim plan for a basin subject to an adjudication to continue throughout the duration of the adjudication proceeding. The bill would require a groundwater sustainability agency, upon receiving notice that an adjudication has commenced in its basin, to host a public meeting to explain the adjudication process and the status of the adjudication to water users within the basin and the public. The bill would require a recording or summary of the meeting to be posted to a public internet website hosted by either the groundwater sustainability agency or the watermaster of the basin. The bill would authorize a groundwater sustainability agency to invite the state board or the department to send a representative to the meeting in order to help explain the adjudication process. The bill would apply these provisions only to basins in which a comprehensive adjudication has not been commenced by January 1, 2024.

Bill Text

• Chaptered 10/10/23 - Chaptered Current pdf October 10, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 08/14/23 - Amended Senate pdf August 14, 2023
• Amended 07/03/23 - Amended Senate pdf July 03, 2023
• Amended 06/28/23 - Amended Senate pdf June 28, 2023
• Amended 06/19/23 - Amended Senate pdf June 19, 2023
• Amended 05/26/23 - Amended Assembly pdf May 26, 2023
• Introduced 02/13/23 - Introduced pdf February 13, 2023
• AB779 View text html

Action History

1. October 10, 2023

   Chaptered by Secretary of State - Chapter 665, Statutes of 2023.

2. October 10, 2023

   Approved by the Governor.

3. September 20, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 16. Page 3441.).

5. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 8. Page 2652.).

7. September 11, 2023

   Read second time. Ordered to third reading.

8. September 08, 2023

   Read third time and amended. Ordered to second reading.

9. September 05, 2023

   Read second time. Ordered to third reading.

10. September 01, 2023

    From committee: Do pass. (Ayes 5. Noes 2.) (September 1).

11. August 21, 2023

    In committee: Referred to APPR suspense file.

12. August 14, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

13. August 09, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

14. July 12, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 11). Re-referred to Com. on APPR.

15. July 03, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

16. June 28, 2023

    Read second time and amended. Re-referred to Com. on JUD.

17. June 27, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 3.) (June 27).

18. June 19, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

19. June 14, 2023

    Referred to Coms. on N.R. & W. and JUD.

20. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

21. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 17. Page 2070.)

22. May 26, 2023

    Read third time and amended. Ordered to third reading. (Page 1849.)

23. May 18, 2023

    Read second time. Ordered to third reading.

24. May 18, 2023

    From committee: Do pass. (Ayes 11. Noes 3.) (May 18).

25. May 03, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

26. April 26, 2023

    In committee: Hearing postponed by committee.

27. April 11, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 11). Re-referred to Com. on APPR.

28. March 28, 2023

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 3.) (March 28). Re-referred to Com. on JUD.

29. February 23, 2023

    Referred to Coms. on W., P., & W. and JUD.

30. February 14, 2023

    From printer. May be heard in committee March 16.

31. February 13, 2023

    Read first time. To print.

Sponsors

• Lori D. Wilson · Primary

Votes

Subjects