Bill Text: CA AB560 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sustainable Groundwater Management Act: groundwater adjudication.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB560 Detail]

Download: California-2023-AB560-Amended.html

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Amended  IN  Assembly  April 12, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 560

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Introduced by Assembly Member Bennett

February 08, 2023

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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 to refer the proposed judgment to the board for an a nonbinding advisory determination as to whether the proposed judgment will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management. management, as provided. The bill would require the board to consult with the department before making its determination.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill 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, the court shall refer the proposed judgment, pursuant to Section 2001, to the board for an advisory determination as to whether the proposed judgment 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 determination.

(2) The court shall not be bound to enter judgment in a manner consistent with the advisory determination of the board pursuant to paragraph (1).