Bill Text: CA AB560 | 2023-2024 | Regular Session | Amended
Bill Title: Sustainable Groundwater Management Act: groundwater adjudication.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB560 Detail]
Download: California-2023-AB560-Amended.html
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Amended
IN
Senate
June 26, 2023 |
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Amended
IN
Senate
June 14, 2023 |
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Amended
IN
Assembly
May 18, 2023 |
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Amended
IN
Assembly
April 12, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 560
| Introduced by Assembly Member Bennett |
February 08, 2023 |
An act to amend Section 10737.8 of the Water Code, relating to groundwater.
LEGISLATIVE COUNSEL'S DIGEST
AB 560, as amended, Bennett.
Sustainable Groundwater Management Act: groundwater adjudication.
Existing law prohibits a court from approving entry of judgment in certain adjudication actions for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act, unless the court finds that the judgment would not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the Department of Water Resources to comply with the act and to achieve sustainable groundwater management.
This bill would require the court parties to an adjudication action to refer a
submit a proposed settlement agreement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, management before filing the proposed settlement agreement with the court. The bill would require the board to provide its nonbinding advisory determination to the parties no later than 120
days after the proposed settlement agreement was submitted, and would require the parties to include the board’s nonbinding advisory determination in the court filing, as provided. The bill would require the board to consult with the department before making its nonbinding advisory determination, and would require the
nonbinding advisory determination to include findings on the consistency of the proposed judgment settlement agreement with the groundwater sustainability plan, as specified, plan and on how the proposed judgment settlement agreement would affect small and disadvantaged groundwater users.
users, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 10737.8 of the Water Code is amended to read:10737.8.
(a) In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.(b) (1) Before entering final judgment,
filing a proposed settlement agreement with the court court, the parties to an adjudication action shall refer
a submit the proposed settlement, pursuant to Section 2001, settlement agreement to the board for an a nonbinding advisory determination as to whether the proposed judgment settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the
department to achieve sustainable groundwater management. The board shall consult with the department before making its nonbinding advisory determination. determination and shall provide its nonbinding advisory determination to the parties of the adjudication action no later than 120 days after the submission of the proposed settlement agreement.
(2) The board’s nonbinding advisory determination shall include findings on both of the following:
(A) The consistency of the proposed judgment settlement agreement with the technical findings and conclusions of the
from the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.
(B) How the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users under the existing groundwater sustainability plan adopted by a groundwater sustainability agency and approved by the department.
(3) The parties shall include the board’s nonbinding advisory determination of the proposed settlement agreement when filing the proposed settlement agreement with the court. The proposed settlement agreement filed with the court shall be the same as was submitted to the board for a nonbinding advisory determination.
(3)
(4) The court shall not be bound to enter judgment in a manner consistent with the nonbinding advisory determination of the board pursuant to
this subdivision.
