Cal. Civ. Proc. Code § 847
847
Effective Jan 1, 2016Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.
- (a) Upon a showing that the basin is in a condition of long-term overdraft, the court may, upon notice and hearing, issue a preliminary injunction.
- (b) Bulletins and other reports of the department, and a report of a special master indicating that a condition of long-term overdraft exists in the basin, shall be admissible as evidence of a condition of long-term overdraft. This subdivision does not limit the admissibility of other relevant evidence.
(c) The preliminary injunction may include any of the following terms:
- (1) A moratorium on new or increased appropriations of water.
- (2) A limitation on, or reduction in, the diversion or extraction of water.
- (3) An allocation among the parties establishing amounts of extraction allowed during the pendency of the comprehensive adjudication.
- (4) Procedures for voluntary transfers.
(d) The court shall issue a preliminary injunction upon determining all of the following:
- (1) The basin is in a condition of long-term overdraft.
- (2) The basin has been designated as a probationary basin or the planning deadlines in subdivision (a) of Section 10720.7 of the Water Code are not being complied with.
- (3) There is no interim plan in effect under Section 10735.8 of the Water Code.
- (e) The court may provide a schedule for further reductions in extractions over a period of years if it finds that doing so appears reasonably necessary to achieve groundwater sustainability within the timelines provided in subdivision (b) of Section 10727.2 of the Water Code.
- (f) The terms of a preliminary injunction shall not determine the rights in a final judgment of the comprehensive adjudication.
- (g) A bond or undertaking shall not be required for the issuance of a preliminary injunction pursuant to this section.
- (h) The court may appoint a watermaster to oversee enforcement of the preliminary injunction.