reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 833 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 2 - Scope of Action|Section 833.

833.  (a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin, whether based on appropriation, overlying right, or other basis of right.(b) This chapter does not apply to any of the following:(1) An action that concerns only allegations that a groundwater extraction facility, or group of facilities, is interfering with another groundwater extraction facility or facilities and does not involve a comprehensive allocation of the basin’s groundwater supply.(2) An action that concerns only claims to extract, or to prevent interference with extractions of, a specific source of groundwater recharge and does not involve a comprehensive allocation of the basin’s groundwater supply.(3) An action that can be resolved among a limited number of parties and does not involve a comprehensive determination of rights to extract groundwater within the basin.(4) An adjudicated area described in subdivisions (a) to (d), inclusive, of Section 10720.8 of the Water Code, unless a court with jurisdiction over a proposed expansion of the adjudicated area orders that the proceeding be conducted in accordance with this chapter.(c) If the court finds that including an interconnected surface water body or subterranean stream flowing through known and definite channels is necessary for the fair and effective determination of the groundwater rights in a basin, the court may require the joinder of persons who claim rights to divert and use water from that surface water body or subterranean stream in a comprehensive adjudication conducted pursuant to this chapter.(d) If the court finds that claims of right to extract or divert only minor quantities of water, not to exceed five acre-feet of water per year, would not have a material effect on the groundwater rights of other parties, the court may exempt those claimants with respect to those claims for only minor quantities of water, but a person who is exempted may elect to continue as a party to the comprehensive adjudication.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 834 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 2 - Scope of Action|Section 834.

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 court’s 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.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 835 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 3 - Notice and Service of Complaint|Section 835.

835.  (a) The plaintiff shall provide notice of the comprehensive adjudication to all of the following:(1) A groundwater sustainability agency that overlies the basin or a portion of the basin.(2) A city, county, or city and county that overlies the basin or a portion of the basin.(3) A district with authority to manage or replenish groundwater resources of the basin in whole or in part.(4) The operator of a public water system or state small water system that uses groundwater from the basin to supply water service.(5) A California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.(6) The Attorney General, the State Water Resources Control Board, the department, and the Department of Fish and Wildlife.(7) A federal department or agency that manages a federal reservation that overlies the basin or a portion of the basin.(8) A person identified under Section 836.5 who is not a party to the comprehensive adjudication.(9) A person who is on a list, maintained by a groundwater management agency, of interested parties that have requested notice under the Sustainable Groundwater Management Act.(b) The plaintiff may provide notice under this section by first class mail or electronic mail.(c) (1) Except as provided in paragraph (2), the plaintiff shall provide notice under this section as follows:(A) To any person entitled to notice under paragraphs (1) to (7), inclusive, of subdivision (a) within 15 days of the filing of the complaint.(B) To any person entitled to notice under paragraphs (8) and (9) of subdivision (a) within 30 days of receipt of the name and address of the person entitled to notice.(2) The plaintiff may take additional time as is reasonably necessary before providing notice under this section if the plaintiff determines that additional time is necessary to identify a person entitled to notice under this section, confirm the accuracy of the name or address of a person, or to determine if the conditions requiring notice have been satisfied.(d) The plaintiff is not required to provide notice under this section to a person who has already been served or intervened in the action.(Amended by Stats. 2016, Ch. 86, Sec. 27. (SB 1171) Effective January 1, 2017.)
CA Civ Pro Code § 836.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 3 - Notice and Service of Complaint|Section 836.5.

836.5.  (a) Within 15 days of the court order approving the notice and form answer under Section 836, the plaintiff shall request from the following entities the names and addresses of persons reporting extractions within the basin under the Sustainable Groundwater Management Act, or Part 5 (commencing with Section 4999) or Part 5.2 (commencing with Section 5200) of Division 2 of the Water Code:(1) The State Water Resources Control Board.(2) A local agency designated under Section 5009 of the Water Code as the local agency for a board-designated local area that includes the basin or a portion of the basin.(3) A groundwater sustainability agency for the basin or a portion of the basin.(b) The entities described in paragraphs (1) to (3), inclusive, of subdivision (a) shall provide the plaintiff with the names, mailing addresses, and email addresses, if available, within 45 days of the plaintiff’s request. The State Water Resources Control Board shall also provide the mailing address and email addresses, if available, of any person known to the board who holds a permit or license authorizing underground storage in the basin or who claims a right to divert water for underground storage in the basin.(c) Upon request, the plaintiff shall reimburse the reasonable costs incurred under this section by an entity described in paragraphs (1) to (3), inclusive, of subdivision (a).(d) An entity shall not be held civilly liable for complying with this section.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 837 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 4 - Intervention|Section 837.

837.  (a) A groundwater sustainability agency for the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this chapter.(b) A city, county, or city and county that overlies the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this chapter.(c) The court shall allow any person to intervene in a comprehensive adjudication conducted pursuant to this chapter upon an ex parte application that demonstrates that the person holds fee simple ownership in a parcel in the basin, or extracts or stores water in the basin. A person filing an ex parte application pursuant to this subdivision shall give notice to the plaintiff consistent with the California Rules of Court.(d) A person may apply to intervene in a comprehensive adjudication conducted pursuant to this chapter pursuant to Section 387.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 837.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 4 - Intervention|Section 837.5.

837.5.  (a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter.(b) This section does not affect substantive law.(Added by Stats. 2015, Ch. 676, Sec. 1. (SB 226) Effective January 1, 2016.)
CA Civ Pro Code § 838 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 5 - Judge|Section 838.

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 court’s 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) 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 with the comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agency’s 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.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 839 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 6 - Electronic Service|Section 839.

839.  Service of pleadings and papers in a comprehensive adjudication, other than the complaint initiating a comprehensive adjudication, shall occur electronically to the greatest extent possible. The court may provide, or authorize the use of, an electronic service system. If an electronic service system is not provided or authorized by the court, the court and the parties shall serve documents by email or other equivalent electronic means to the greatest extent possible. To enable electronic service of pleadings and papers, the attorneys of record or parties representing themselves shall include an email address for service in the captions of all pleadings they file in the comprehensive adjudication.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 840 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 7 - Case Management|Section 840.

840.  (a) In managing a comprehensive adjudication, the court shall convene a case management conference as provided by the California Rules of Court.(b) In an initial case management conference, or as soon as practicable, the court may consider the following in addition to other matters:(1) Determining whether to seek adjustment of the basin boundaries pursuant to Section 841.(2) Staying the action pursuant to Section 848.(3) Appointing a special master pursuant to Section 845.(4) Scheduling a hearing on a preliminary injunction pursuant to Section 847.(5) Dividing the case into phases to resolve legal and factual issues.(6) Issuing orders to ensure that issues resolved in one phase are not relitigated in another phase.(7) Limiting discovery to correspond to the phases.(8) Scheduling early resolution of claims to prescriptive rights.(9) Forming a class or classes of overlying groundwater rights holders pursuant to the criteria specified in Section 382.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 841 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 8 - Basin Boundaries|Section 841.

841.  (a) Except as otherwise provided in this section, the boundaries of the area subject to a comprehensive adjudication shall be consistent with the boundaries of a basin.(b) If the department revises the boundaries of a basin pursuant to Section 10722.2, or subdivision (b) of Section 12924, of the Water Code after a comprehensive adjudication has been initiated, the court may revise the boundaries of the area subject to the comprehensive adjudication as the interests of justice and the objectives of this chapter require.(c) Upon a showing that a revision of the basin boundaries would further a fair and effective determination of water rights, the court may direct any of the following to submit a request to the department pursuant to Section 10722.2 of the Water Code to revise the basin boundaries:(1) A party to the comprehensive adjudication.(2) The State Water Resources Control Board, if the court has made a reference pursuant to Part 3 (commencing with Section 2000) of Division 2 of the Water Code.(3) A special master, if one has been appointed.(d) A determination of the department on a submission made pursuant to subdivision (c) is subject to judicial review pursuant to Section 1085. Venue shall be in the court with jurisdiction over the comprehensive adjudication and the case shall be coordinated with the comprehensive adjudication.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 844 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 11 - Written Testimony|Section 844.

844.  (a) A court may require the parties in a comprehensive adjudication to submit written testimony of relevant witnesses in the forms of affidavits or declarations under penalty of perjury in lieu of presenting live testimony. The required written testimony may include, but is not limited to, expert witness opinions and testimony that authenticates documentary evidence. The court may order that the written testimony constitutes the entirety of the witness’s direct testimony, require the written testimony to include any exhibits offered in support of the written testimony, and, in the case of written testimony of an expert witness, require a statement of the witness’s qualifications.(b) If the court requires the submission of written testimony pursuant to subdivision (a), a complete copy of the direct testimony shall be served at least 21 days before trial. A complete copy of any rebuttal testimony shall be served no later than the first day of trial.(c) If the contents of the written testimony would have been admissible if the witness testified orally, the written testimony shall be received by the court as a documentary exhibit if the witness whose written testimony is being offered is made available for cross-examination by all parties.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 845 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 12 - Special Master|Section 845.

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 master’s 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 master’s compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a party’s obligations to pay the special master’s 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) 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) 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.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 846 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 12 - Special Master|Section 846.

846.  (a) The special master shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report.(b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based.(c) The special master may notice and hold hearings, as he or she deems appropriate, to gather information or address issues raised in the objections to the draft report.(d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 847 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 13 - Preliminary Injunction|Section 847.

847.  (a) Upon a showing that the basin is in a condition of long-term overdraft, the court may, upon notice and hearing, issue a preliminary injunction.(b) Bulletins and other reports of the department, and a report of a special master indicating that a condition of long-term overdraft exists in the basin, shall be admissible as evidence of a condition of long-term overdraft. This subdivision does not limit the admissibility of other relevant evidence.(c) The preliminary injunction may include any of the following terms:(1) A moratorium on new or increased appropriations of water.(2) A limitation on, or reduction in, the diversion or extraction of water.(3) An allocation among the parties establishing amounts of extraction allowed during the pendency of the comprehensive adjudication.(4) Procedures for voluntary transfers.(d) The court shall issue a preliminary injunction upon determining all of the following:(1) The basin is in a condition of long-term overdraft.(2) The basin has been designated as a probationary basin or the planning deadlines in subdivision (a) of Section 10720.7 of the Water Code are not being complied with.(3) There is no interim plan in effect under Section 10735.8 of the Water Code.(e) The court may provide a schedule for further reductions in extractions over a period of years if it finds that doing so appears reasonably necessary to achieve groundwater sustainability within the timelines provided in subdivision (b) of Section 10727.2 of the Water Code.(f) The terms of a preliminary injunction shall not determine the rights in a final judgment of the comprehensive adjudication.(g) A bond or undertaking shall not be required for the issuance of a preliminary injunction pursuant to this section.(h) The court may appoint a watermaster to oversee enforcement of the preliminary injunction.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 848 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 14 - Stay|Section 848.

848.  (a) Upon the court’s own motion or the motion of any party to a comprehensive adjudication, a court may stay a comprehensive adjudication for a period of up to one year, subject to renewal in the court’s discretion upon a showing of good cause, in order to facilitate any of the following:(1) Adoption of a groundwater sustainability plan that provides for a physical solution or otherwise addresses issues in the comprehensive adjudication.(2) The development of technical studies that may be useful to the parties in the comprehensive adjudication.(3) Voluntary mediation or participation in a settlement conference on all, or a portion of, the subject matters or legal questions identified in the comprehensive adjudication.(4) Compromise and settlement of the comprehensive adjudication or issues in the comprehensive adjudication.(b) Before renewing a stay granted pursuant to subdivision (a), the parties shall report on the progress being made on the issues that were identified as the reasons for the stay.(c) A stay pursuant to this section shall not stay, or otherwise delay, the parties’ obligations to provide initial disclosures pursuant to Section 842 unless the court determines the initial disclosures will not benefit resolution of the comprehensive adjudication.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
CA Civ Pro Code § 849 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10 - ACTIONS IN PARTICULAR CASES|CHAPTER 7 - Actions Relating to Groundwater Rights|ARTICLE 15 - Physical Solution|Section 849.

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.(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)