reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 3 - Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease › Section 772.040.

772.040. The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court deems fair and equitable, if the evidence shows each of the following:
(a) The document that created the leasehold interest was originally executed more than 20 years prior to filing the action under this article regardless of any amendments to the document. However, if any amendment was entered into expressly for the purpose of waiving, limiting, or rearranging surface rights of entry and occupation by the lessee, the 20-year period shall be computed as if the document were originally executed on the date of execution of the amendment.
(b) The subject land is not presently occupied by any of the following:
(1) A producing oil or gas well or well bore.
(2) A well or well bore being utilized for injection of water, gas, or other substance into geologic substrata as an aid to oil or gas production or to ameliorating subsidence.
(3) A well or well bore being utilized for the disposal injection of waste oil well brine and byproducts.
(4) A well or well bore being utilized for the production of water for use in oil field injection, waterflood, and pressure maintenance programs.
(c) Termination of the right of entry or occupation within the subject land in the manner requested by the plaintiff, or subject to such conditions as the court may impose pursuant to this section, will not significantly interfere with the right of the lessee, under the lease, to continue to conduct operations for the continued production of oil from leasehold strata beneath the surface zone in a practical and economic manner, utilizing such production techniques as will be appropriate to the leasehold area, consistent with good oilfield practice, and to gather, transport, and market the oil.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 3 - Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease › Section 772.050.

772.050. (a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface zone easements that the lessee may continue to enjoy within the subject land.
(b) A judgment may be conditioned upon the relocation of pipelines, roadways, equipment, or lease facilities in such manner as will most effectively free the subject land for surface use while safeguarding continued oil and gas operations in a practical and economic manner. Any such condition of the judgment shall require the plaintiff to pay the costs of the relocation. However, the plaintiff shall be entitled to a setoff against the costs to the extent of any benefit to the lessee resulting from the installation of new equipment or material. The plaintiff has the burden of proving any benefit accruing to the lessee.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 3 - Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease › Section 772.060.

772.060. It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this article, or for such rights to be waived by amendment to any oil or gas lease within 20 years of the date of its execution by a plaintiff or the plaintiff’s predecessor in interest.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.1.

801.1. An action may be brought to determine adverse interests in, liens or clouds upon title to real property arising out of any public improvement assessment or any bond issued to represent such assessment where the lien of such assessment or bond is presumed to have been extinguished under the provisions of Section 2911 of the Civil Code, or to determine adverse interests in, liens or clouds upon title to real property by reason of any certificate issued on sale made to satisfy any public improvement assessment or bond where such sale was made more than four years prior to the commencement of the action and no deed pursuant thereto has been issued prior to the commencement of the action or prior to January 1, 1951, whichever is the later.
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.2.

801.2. The action may be brought as a separate action or joined as a cause with other causes of action to determine adverse claims to and clouds upon title to real property, but the complaint shall aver the pertinent matters stated in the preceding section and shall be verified.
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.3.

801.3. The complaint shall include as defendants to the action (a) all persons known to the plaintiff owning or claiming an interest under such public improvement assessment, bond or certificate of sale; (b) the payee, as shown by the bond representing the assessment, if any; (c) the owner of the special assessment or certificate of sale, if any, and any person claiming an interest therein, as shown by the records of the treasurer, street superintendent or other public official who is the custodian of the funds to be collected thereon or who issued such certificate of sale, and (d) such treasurer, street superintendent or other public official. If any person owning or claiming an interest under such assessment, bond or certificate of sale is known to be dead, the heirs and devisees of such person may be sued as: “the heirs and devisees of” said person, naming him, or if such person is believed to be dead and such belief is alleged in the complaint on information and belief then the heirs and devisees of such person may also be sued as “the heirs and devisees” of said person, naming him, provided that such person is also named as a defendant.
(Amended by Stats. 1951, Ch. 521.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.4.

801.4. The complaint shall also include, as defendants, unknown persons owning or claiming an interest in such bond, special assessment or certificate of sale and they may be described in the complaint as: “Also the owner or any person claiming an interest (here describe the bond, special assessment or certificate of sale as it is described in the office in which it was issued).”
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.5.

801.5. Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the recorder of the county where the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the property in that county affected thereby. From the time of filing such notice of record only, shall all persons have constructive notice thereof.
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.6.

801.6. Within three years after the filing of the complaint, a summons shall be issued which shall contain the matters required by Section 412.20, designating the defendants as in the complaint, and in addition, a description of the property and a statement of the object of the action.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.7.

801.7. Within thirty days after the issuance of the summons, the plaintiff shall post, or cause to be posted, a copy thereof in a conspicuous place on the property.
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.8.

801.8. All known defendants shall be served in the manner provided by law for the service of a summons in a civil action. All unknown defendants shall be served by publication as provided in Section 750.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.9.

801.9. In addition to the matters required to be set forth in the affidavit by the plaintiff for publication of summons, it shall appear by the affidavit that the plaintiff used reasonable diligence to ascertain the identity and residence of the unknown defendants and of any persons sued as heirs and devisees.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.10.

801.10. All unknown defendants, including the heirs and devisees designated in the complaint, shall have the same rights as are provided by law for other defendants upon whom summons is served, and the action shall proceed against them in the same manner. Regardless of any legal disability, any unknown defendant, including any heir or devisee designated in the complaint, who has been served, and anyone claiming under him, shall be concluded by a judgment in the action as if the action were brought against and personal service made upon that person by his or her name.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.11.

801.11. On the trial of the action, the court shall determine the rights of all the parties thereto and shall require proof of the facts alleged. Any certificate issued on sale made to satisfy any public improvement assessment or any bond issued to represent such assessment shall be presumed to have been paid and redeemed where no deed pursuant thereto has been issued and such sale was made more than four years prior to the commencement of the action.
The presumption herein mentioned shall become and be conclusive if no deed pursuant to such sale is issued within four years after the date of sale or prior to January 1, 1953, whichever is the later; and no public official shall thereafter execute or issue any deed pursuant to such sale.
(Amended by Stats. 1951, Ch. 521.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.12.

801.12. If the court determines that none of the defendants have any right, title, interest, lien or estate in the property, it shall render its final decree quieting the plaintiff’s title. If the court determines that any of the defendants have any right, title, interest, lien or estate in the property, it shall render its decree establishing these rights and may order the sale of the property or partition thereof. The decree shall direct the public officer having the record of the assessment, bond or certificate of sale to cancel the record thereof.
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.13.

801.13. If the court orders a sale of the property or a partition thereof, the same shall be made in accordance with the provisions of Title 10.5 (commencing with Section 872.010) of Part 2, except that proceeds of sale belonging to unknown defendants or defendants whose identities or whereabouts are unascertained shall be paid to the public officer who is the custodian of the funds collected on such public improvement assessments, bonds or certificates of sale, to be held by him as in like instances of collection.
(Amended by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.14.

801.14. The decree, after it has become final, is conclusive against all persons named in the complaint who have been served and all unknown persons and the heirs and devisees of deceased persons designated in the complaint and served as hereinbefore provided.
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.6 - Actions Concerning Real Property Titles Affected by Public Improvement Assessments › Section 801.15.

801.15. After the judgment has become final, a certified copy thereof shall be delivered to the public officer having the record of the assessment, bond or certificate of sale in his office and he shall thereupon mark the record of the assessment, bond or certificate of sale as follows: “Canceled by judgment of court, superior court case number (here give number).”
(Added by Stats. 1949, Ch. 1108.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 803.

803. An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state. And the attorney-general must bring the action, whenever he has reason to believe that any such office or franchise has been usurped, intruded into, or unlawfully held or exercised by any person, or when he is directed to do so by the governor.
(Amended by Stats. 1907, Ch. 324.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 804.

804. Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office, with a statement of his right thereto.
(Amended by Stats. 1973, Ch. 20.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 805.

805. In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice may require.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 806.

806. If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 807.

807. If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may have sustained by reason of the usurpation of the office by the defendant.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 808.

808. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 809.

809. When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment must be rendered that such defendant be excluded from the office, franchise, or privilege, and that he pay the costs of the action. The Court may also, in its discretion, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the Treasury of the State.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 810.

810.  If the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with sureties to be approved by the Attorney General, conditioned on the party or the sureties paying any judgment for costs or damages recovered against the plaintiff, and all the costs and expenses incurred in prosecuting the action.
(Amended by Stats. 2017, Ch. 561, Sec. 23. (AB 1516) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 5 - Actions for the Usurpation of an Office or Franchise › Section 811.

811. The action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative body of any municipal corporation, respectively, in the name of such county, city and county or municipal corporation against any person who usurps, intrudes into or unlawfully holds or exercises any franchise, or portion thereof, within the respective territorial limits of such county, city and county or municipal corporation and which is of a kind that is within the jurisdiction of such board or body to grant or withhold.
(Added by Stats. 1937, Ch. 575.)
2023 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 1 - General Provisions › Section 830.

830. (a) This chapter establishes methods and procedures for a comprehensive adjudication.
(b) This chapter shall be applied and interpreted consistently with all of the following:
(1) Protecting water rights consistent with Section 2 of Article X of the California Constitution.
(2) Conducting a comprehensive adjudication in a manner that promotes efficiency, reduces unnecessary delays, and provides due process.
(3) Encouraging the compromise and settlement of comprehensive adjudications.
(4) Conducting a comprehensive adjudication in a manner that is consistent with the achievement of groundwater sustainability within the timeframes of the Sustainable Groundwater Management Act.
(5) Establishing procedures by which courts may conduct comprehensive determinations of all rights and priorities to groundwater in a basin.
(6) Providing for the conduct of a comprehensive adjudication consistent with Winters v. United States (1908) 207 U.S. 564, the McCarran Amendment (codified at 43 U.S.C. Sec. 666), and any other federal laws regarding the determination of federal or tribal water rights, as applicable.
(7) Providing notice and due process sufficient to enable a court in a comprehensive adjudication conducted pursuant to this chapter to determine and establish the priority for unexercised water rights. The court may consider applying the principles established in In re Waters of Long Valley Creek Stream System (1979) 25 Cal.3d 339. Except as provided in this paragraph, this chapter shall not alter groundwater rights or the law concerning groundwater rights.
(c) The other provisions of this code apply to procedures in a comprehensive adjudication to the extent they do not conflict with the provisions of this chapter.
(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
2023 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 1 - General Provisions › Section 831.

831. Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code applies to a comprehensive adjudication conducted pursuant to this chapter.
(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
2023 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 1 - General Provisions › Section 831.5.

831.5. (a) 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), the court shall 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 groundwater sustainability agency shall post the documents on its internet website in the interest of transparency and accessibility within 20 business days of receipt from a party. This section does not apply to any documents that have been sealed by the court.
(b) For a basin that has multiple groundwater sustainability agencies, the groundwater sustainability agencies, in consultation with the parties to the adjudication, shall select which agency will post these documents on its internet website.
(c) The court shall 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.
(Added by Stats. 2023, Ch. 665, Sec. 1. (AB 779) Effective January 1, 2024.)
2023 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 1 - General Provisions › Section 832.

832. For purposes of this chapter, the following definitions apply:
(a) “Basin” has the same meaning as defined in Section 10721 of the Water Code.
(b) “Complaint” means a complaint filed in superior court to determine rights to extract groundwater and includes any cross-complaint that initiates a comprehensive adjudication in response to a plaintiff’s complaint or other cross-complaint.
(c) “Comprehensive adjudication” means an action filed in superior court to comprehensively determine rights to extract groundwater in a basin.
(d) “Condition of long-term overdraft” means the condition of a groundwater basin where the average annual amount of water extracted for a long-term period, generally 10 years or more, exceeds the long-term average annual supply of water to the basin, plus any temporary surplus. Overdraft during a period of drought is not sufficient to establish a condition of long-term overdraft if extractions and recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods.
(e) “Department” means the Department of Water Resources.
(f) “Expert witness” means a witness qualified pursuant to Section 720 of the Evidence Code.
(g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels.
(h) “Groundwater extraction facility” means a device or method for extracting groundwater in a basin.
(i) “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means.
(j) “Person” includes, but is not limited to, counties, local agencies, state agencies, federal agencies, tribes, business entities, and individuals.
(k) “Plaintiff” means the person filing the complaint initiating a comprehensive adjudication and includes a cross-complainant who initiates a comprehensive adjudication by cross-complaint.
(l) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
(m) “State small water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
(n) “Sustainable Groundwater Management Act” means Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code.
(Amended by Stats. 2016, Ch. 86, Sec. 26. (SB 1171) Effective January 1, 2017.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 do both of the following:
(1) Convene a case management conference as provided by the California Rules of Court.
(2) 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), manage the case in accordance with Section 10737.2 of the Water Code.
(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.
(Amended by Stats. 2023, Ch. 665, Sec. 2. (AB 779) Effective January 1, 2024.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)