On October 9, 2015, Governor Brown completed what is probably one of the most remarkable two years in water legislation in California’s history. Last year, as is well-known, the Governor shepherded through the Legislature not only the Sustainable Groundwater Management Act (SGMA) but also the $7 billion water bond (Proposition 1), which was approved by the voters last November. In signing SGMA, the Governor pledged that during the 2014/15 legislative session, he would submit a proposal to streamline groundwater adjudications. With the signing of AB 1390 (Alejo) and SB 226 (Pavley), the Governor kept his promise.
This article focuses its attention on several questions that will, in our view, determine whether this legislation lives up to the goal of streamlining groundwater adjudications, the court process for determining groundwater rights. First, what will be the role of the State of California in these adjudications? Second, to what extent will the parties and the courts be able to use a new civil procedure law to encourage the resolution of groundwater adjudications, particularly with new authority for the Department of Water Resources to review and comment after an adjudication is completed? Third, how will courts exercise authority under existing Supreme Court case law to subordinate unexercised rights to groundwater? Fourth, and most important, how will the courts satisfy the new mandate to conduct groundwater adjudications “in a manner that is consistent with the achievement of groundwater sustainability within the timeframes of” SGMA and “minimizes interference with the timely completion an implementation of a groundwater sustainability plan.”
This communication is provided as a general information service to clients and friends of Downey Brand, LLP. It is not intended to be, and should not be relied upon as legal advice, nor does it create an attorney-client relationship.
