Today's Law As Amended


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AB-2313 Water: judges and adjudications.(2021-2022)



As Amends the Law Today


SECTION 1.
 (a) It is the intent of the Legislature in enacting this act to support a Judicial Council-led program to broaden and sustain judicial expertise in the area of water law and litigation. Supported by experts in the field, this program would expand education and training for judges and access to specialized staff to increase judicial knowledge and procedural efficiencies in the adjudication of actions relating to water.
(b) It is further the intent of the Legislature in enacting subdivision (c) of Section 68556 of the Government Code that if a judge is assigned to an action related to water who has not received training or education pursuant to subdivision (a) Section 68556 of the Government Code, the assigned judge shall have access to the judicial water experts authorized in Section 1107 of the Water Code.

SEC. 2.

 Section 68556 is added to the Government Code, to read:

68556.
 (a) (1) On or before January 1, 2025, the Judicial Council may establish a program that provides training and education to judges in technical, scientific, legal, management, and infrastructure actions relating to water.
(2) The program shall include the development of water conflict education, which may include training on both western regional and California-specific water conflict and may include meetings and conferences.
(3) Participation in the program may include superior court judges from counties across the state, appellate court justices, and State Water Resources Control Board administrative law judges.
(4) The Judicial Council shall seek to include in the program judges from counties in each of the nine California regional water quality control board regions and justices from each appellate district.
(5) The program may be funded by an appropriation from the General Fund in the annual Budget Act or another statute, or by using existing funds for judicial training.
(b) For actions relating to water, the court shall prioritize assigning a judge with training or education provided pursuant to subdivision (a), if both of the following conditions are met:
(1) The court has a judge with training or education pursuant to subdivision (a).
(2) The judge with training or education pursuant to subdivision (a) is available for assignment to an action relating to water within a reasonable timeframe, as determined by the court.
(c) For actions relating to water, if a judge with training or education provided pursuant to subdivision (a) is not available, the court may assign another judge.
(d) For actions relating to water, the court may request that the Chairperson of the Judicial Council assign a judge with training or education provided pursuant to subdivision (a).
(e) For purposes of this section, an “action relating to water” includes an action that partially or wholly consists of an action involving any of the following:
(1) A comprehensive adjudication, as defined in subdivision (c) of Section 832 of the Code of Civil Procedure.
(2) An action concerning the State Water Resources Control Board’s adoption of a maximum contaminant level under Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code.
(3) An action concerning the State Water Resources Control Board’s decision or order requiring reductions in water use by one or more holders of a water right under Section 2 of Article X of the California Constitution or Section 275 of the Water Code.
(4) An action concerning the State Water Resources Control Board’s adoption of an emergency regulation under Section 1058.5 of the Water Code.
(5) An action concerning a decision or order of the State Water Resources Control Board establishing or amending minimum streamflow requirements, or identifying a subterranean stream flowing through a known and definite channel, under Part 2 (commencing with Section 1200) of Division 2 of the Water Code or other legal authority.
(6) An action concerning the State Water Resources Control Board’s decision or order concerning a water transfer under Chapter 10.5 (commencing with Section 1725) of Part 2 of Division 2 of the Water Code.
(7) An action concerning the adjudication of a stream system under Chapter 3 (commencing with Section 2500) of Part 3 of Division 2 of the Water Code.
(8) An adjudication action, as defined in subdivision (a) of Section 10721 of the Water Code, to which Section 10737 of the Water Code applies.
(9) An action concerning the adoption or amendment of a water quality control plan, or the adoption or amendment of a state policy for water quality control, under Division 7 (commencing with Section 13000) of the Water Code.
(10) An action concerning the State Water Resources Control Board’s issuance of a water quality certification for a hydroelectric project under Section 13160 of the Water Code.
(11) An action concerning waste discharge requirements adopted under Article 4 (commencing with Section 13260) of Chapter 4 of Division 7 of the Water Code.
(12) An action to establish minimum streamflow requirements pursuant to Section 2 of Article X of the California Constitution or other legal authority.

SEC. 3.

 Chapter 3.1 (commencing with Section 1107) is added to Part 1 of Division 2 of the Water Code, to read:

CHAPTER  3.1. Judicial Water Experts
1107.
 (a) The Judicial Council shall identify experts in water science or management, or research attorneys, who may be available to any judge adjudicating an action relating to water as an expert pursuant to Section 730 of the Evidence Code, as a research attorney, or to consult on the contents of a document submitted by a party.
(b) For purposes of this section, an “expert in water science or management” means a person with expertise or practical experience in one or more of the following:
(1) Water engineering.
(2) Water modeling.
(3) Climate science.
(4) Managing or administering water rights.
(c) The Judicial Council may pay or reimburse courts for the costs of employing or contracting with experts in water science or management or research attorneys in an action relating to water with funds appropriated for that purpose.
1107.5.
 (a) A judge may appoint a special master to assist the judge with an action relating to water whose duties, which the special master shall be qualified to undertake, 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 1108.
(2) Conducting joint factfinding with the parties, their designees, or both.
(3) Investigating the need for, and developing a proposal for, a preliminary injunction.
(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. Notwithstanding subdivision (b) of Section 845 of the Code of Civil Procedure, for a comprehensive groundwater adjudication conducted pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure, the payment of the special master’s compensation may be allocated pursuant to subdivision (b) of Section 845 of the Code of Civil Procedure or pursuant to the General Fund appropriation specified in subdivision (b) of Section 1108.5.
(c) The court may request the 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.
(e) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 or any other law.
1108.
 (a) A special master appointed pursuant to Section 1107.5 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 the special master 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.
1108.5.
 The reasonable and appropriate compensation for all of the following shall be funded by an appropriation from the General Fund in the annual Budget Act or another statute:
(a) Experts and research attorneys identified pursuant to Section 1107.
(b) A special master appointed pursuant to Section 1107.5.
(c) An expert appointed to an action relating to water pursuant to Section 730 of the Evidence Code.
1109.
 For purposes of this chapter, an “action relating to water” includes an action that partially or wholly consists of an action involving any of the following:
(a) A comprehensive adjudication, as defined in subdivision (c) of Section 832 of the Code of Civil Procedure.
(b) An action concerning the board’s adoption of a maximum contaminant level under Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code.
(c) An action concerning the board’s decision or order requiring reductions in water use by one or more holders of a water right under Section 2 of Article X of the California Constitution or Section 275.
(d) An action concerning the board’s adoption of an emergency regulation under Section 1058.5.
(e) An action concerning a decision or order of the board establishing or amending minimum streamflow requirements, or identifying a subterranean stream flowing through a known and definite channel, under Part 2 (commencing with Section 1200) or other legal authority.
(f) An action concerning the board’s decision or order concerning a water transfer under Chapter 10.5 (commencing with Section 1725) of Part 2.
(g) An action concerning the adjudication of a stream system under Chapter 3 (commencing with Section 2500) of Part 3.
(h) An adjudication action, as defined in subdivision (a) of Section 10721, to which Section 10737 applies.
(i) An action concerning the adoption or amendment of a water quality control plan, or the adoption or amendment of a state policy for water quality control, under Division 7 (commencing with Section 13000).
(j) An action concerning the board’s issuance of a water quality certification for a hydroelectric project under Section 13160.
(k) An action concerning waste discharge requirements adopted under Article 4 (commencing with Section 13260) of Chapter 4 of Division 7.
(l) An action to establish minimum streamflow requirements pursuant to Section 2 of Article X of the California Constitution or other legal authority.