The Senate Natural Resources and Water Committee held an informational hearing late last month titled “Resolving Disputes Regarding Groundwater Rights: Why Does It Take So Long and What Might Be Done To Accelerate The Process?” Senator Fran Pavley (Chair) committed at the end of this year’s legislative session to pursue streamlining of the adjudication process next year.
Court of Appeal Associate Justice Ronald Robie, Third Appellate District, gave an overview of how groundwater disputes are resolved in California. This presentation was followed by a case study of the Antelope Valley adjudication, a classic example of how the current system fosters delays. The third panel included representatives of the State Water Contractors, the California Farm Bureau Federation, and Undersecretary Gordon Burns from the California Environmental Protection Agency discussing options for moving forward.
Concepts put forward to streamline the adjudication process included substantive changes and changes to the procedural process. Among the topics raised were changes to the notice and service requirements, requiring mediation, changes to the discovery process, and requiring written testimony to be submitted ahead of time.