SECTIONS 2100-2102 - California Statutes

WATER CODE

SECTION 2100-2102

2100. After the department has submitted to the board
recommendations for the protection of the quality of ground water
pursuant to Section 12617.1 or 12923.1 of this code, or in reliance
upon investigation by any governmental agency, the board may file an
action in the superior court to restrict pumping, or to impose
physical solutions, or both, to the extent necessary to prevent
destruction of or irreparable injury to the quality of such water. In
such action, all of the claimants to the use of the affected water
known to the board, except claimants to the use of minor quantities
of water as defined in Section 2102, shall be named as defendants. In
any watershed or ground water basin wherein (a) all or substantially
all of the rights to water have been adjudicated and the court has
retained continuing jurisdiction arising from the adjudication, or
(b) wherein such action is pending, any such proceedings by the board
shall be undertaken only by intervention by the board in such
existing action.

2101. (a) Before filing or intervening in any such action the board
shall hold a public hearing on the necessity for restricting ground
water pumping or for a physical solution in order to protect the
quality of water from destruction or irreparable injury. The board
shall serve notice of such hearing as provided in Section 6066 of the
Government Code and shall mail a copy of such notice to each
producer of ground water within the area proposed for investigation,
to the extent that such producers of ground water are known to the
board, at least 15 days prior to the date of such hearing, except
that notice need not be mailed to producers of minor quantities of
water as defined in Section 2102.
(b) In the event the board decides that the rights to the use of
the ground water must be adjudicated in order to require the
restriction of pumping or physical solution necessary to preserve it
from destruction or irreparable injury to quality, the board shall
first determine whether any local public agency overlying all or a
part of the ground water basin will undertake such adjudication of
water rights. If such local agency commences an adjudication, the
board shall take no further action, except that the board may,
through the Attorney General, become a party to such action.
(c) In the event no local agency commences such action within 90
days after notice of the decision of the board, the board shall file
such action.

2102. As used in this article, "minor quantities of water" refers
to the extraction by any person of not to exceed 10 acre-feet of
ground water annually.