California Code of Civil Procedure 830 – (a) This chapter establishes methods and procedures for a …
(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:
Terms Used In California Code of Civil Procedure 830
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) Protecting water rights consistent with § 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. § 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.)