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 parties to an adjudication action to refer a submit a proposed settlement agreement determining rights to water to the board for a nonbinding advisory determination as to whether the proposed judgment settlement agreement will substantially impair the ability of a groundwater sustainability agency, the board, or the department to achieve sustainable groundwater management, management before filing the proposed settlement agreement with the court. The bill would require the board to provide its nonbinding advisory determination to the parties no later than 120 days after the proposed settlement agreement was submitted, and would require the parties to include the board’s nonbinding advisory determination in the court filing, as provided. The bill would require the board to consult with the department before making its nonbinding advisory determination, and would require the nonbinding advisory determination to include findings on the consistency of the proposed judgment settlement agreement with the groundwater sustainability plan, as specified, plan and on how the proposed judgment settlement agreement would affect small and disadvantaged groundwater users. users, as specified.