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Board hears legislative update on AB 1413 and AB 1466; debate centers on adjudications and protections for small users
Summary
Capital Corp's Michael McKinney briefed the Groundwater Authority on two state bills intended to reconcile groundwater adjudications with SGMA implementation; board members and public commenters debated due process, de minimis users, and potential effects on financing and basin management.
Michael McKinney of Capital Corp presented a legislative update to the Groundwater Authority on Assembly Bill AB 1413 and AB 1466 and explained how the bills aim to reconcile conflicts between groundwater adjudications and Sustainable Groundwater Management Act (SGMA) implementation.
McKinney said AB 1413 would create a statutory framework to reconcile adjudications with GSPs, clarifying the court’s standard of review and procedural steps so adjudications do not indefinitely delay SGMA implementation or financing of projects. He told the board that code provisions in the Code of Civil Procedure and the Water Code are implicated and that courts have expressed confusion in prior adjudications about how to reconcile the statutory regimes.
AB 1466, McKinney said, would establish a…
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