Groundwater adjudication: burden of proof.
- Shifts the burden of proof to parties challenging groundwater sustainability agency decisions in court.
- Applies only to cases involving sustainability plans adopted after January 30, 2020.
- Modifies legal standards for groundwater rights disputes without requiring new funding or programs.
Assembly Member Hart's groundwater adjudication legislation establishes new evidentiary standards for legal challenges to groundwater sustainability agency decisions. The measure assigns the burden of proof to parties seeking judicial review of actions taken under groundwater sustainability plans adopted after January 30, 2020.
The bill modifies California's groundwater adjudication framework, which currently operates under the Sustainable Groundwater Management Act's requirements for high- and medium-priority basins. Under existing law, local agencies can form groundwater sustainability agencies to manage these basins through adopted sustainability plans. The standard burden of proof rules in civil proceedings require each party to prove facts essential to their claims or defenses.
This legislation creates a specific exception for groundwater rights adjudication cases involving challenges to sustainability agency decisions. When parties contest actions taken pursuant to qualifying sustainability plans, they must now carry the burden of proving their claims in court rather than following traditional evidentiary standards. The provision applies only to plans adopted after January 30, 2020, maintaining existing proof requirements for earlier plans.
This bill was recently introduced. Email the authors to let them know what you think about it.
Introduced By
Latest Voting History
 Gregg HartD Assembly Member | Bill Author |  Not Contacted | |
 Diane PapanD Assembly Member | Committee Member | Not Contacted | |
 Jeff GonzalezR Assembly Member | Committee Member | Not Contacted |
- Shifts the burden of proof to parties challenging groundwater sustainability agency decisions in court.
- Applies only to cases involving sustainability plans adopted after January 30, 2020.
- Modifies legal standards for groundwater rights disputes without requiring new funding or programs.
This bill was recently introduced. Email the authors to let them know what you think about it.
Introduced By
Assembly Member Hart's groundwater adjudication legislation establishes new evidentiary standards for legal challenges to groundwater sustainability agency decisions. The measure assigns the burden of proof to parties seeking judicial review of actions taken under groundwater sustainability plans adopted after January 30, 2020.
The bill modifies California's groundwater adjudication framework, which currently operates under the Sustainable Groundwater Management Act's requirements for high- and medium-priority basins. Under existing law, local agencies can form groundwater sustainability agencies to manage these basins through adopted sustainability plans. The standard burden of proof rules in civil proceedings require each party to prove facts essential to their claims or defenses.
This legislation creates a specific exception for groundwater rights adjudication cases involving challenges to sustainability agency decisions. When parties contest actions taken pursuant to qualifying sustainability plans, they must now carry the burden of proving their claims in court rather than following traditional evidentiary standards. The provision applies only to plans adopted after January 30, 2020, maintaining existing proof requirements for earlier plans.
Latest Voting History
Gregg HartD Assembly Member | Bill Author | Not Contacted | |
Diane PapanD Assembly Member | Committee Member | Not Contacted | |
Jeff GonzalezR Assembly Member | Committee Member | Not Contacted |