UCLA law students testify for groundwater adjudication bill they wrote

California Assembly Bill 779, a proposed law aimed at updating the state’s groundwater adjudication process, was authored by three 2nd year UCLA School of Law students and sponsored by District 11 Assemblywoman Lori D. Wilson (D- Suisun City).

On Tuesday, students Adrianne Davies, Owen McAleer and Gabi Rosenfeld alongside Wilson gave testimony to the Water, Parks, and Wildlife Committee in Sacramento.

“Assembly Bill 779 will improve the efficiency, transparency, and accessibility of the groundwater adjudication process,” Rosenfeld told the committee. “As a student in UCLA’s California environmental legislation clinic, my colleagues and I researched the sustainable Groundwater Management Act and spoke with stakeholders, including environmental advocates, agricultural organizations, and water law experts. We repeatedly heard that the groundwater adjudication process is slow and burdensome for all parties involved, especially small farmers and farmers of color.”

In addition, Rosenfeld stated that a nearly decade-old law enacted to streamline the adjudication process could be made more transparent and fair.

“Proceedings can take over 10 years, with legal fees in the millions of dollars. In some cases, small farmers have been forced to sell their operations because of the financial strain of the process,” Rosenfeld continued. “There are also barriers to incorporating neutral science-based expertise from state agencies. That knowledge can help align adjudications with sustainable management goals and fill gaps left when under-resourced parties are not able to participate fully in the process.”

The bill would require a groundwater sustainability agency with jurisdiction over a basin subject to an adjudication proceeding to submit a comprehensive monitoring plan to a judge and to report monitoring data to the court and the Department of Water Resources It would also prescribe pumping restrictions on groundwater users during an adjudication proceeding.

Brenda Bass, the representative appearing before the committee on behalf of the California Chamber of Commerce, voiced the organization’s opposition to the bill unless it is amended.

“It’s well known even in the environmental law sphere, where cases are notoriously lengthy, that comprehensive groundwater adjudications are complex, expensive, and long,” Bass said. “We respect the goals of this legislation and trying to make a difficult process more accessible to the landowners that are affected by it. We have some concerns with the current language of the bill where things might be potentially a bit duplicative of current law or otherwise increased burdens, and may inadvertently add to the cost and the length of proceedings.”

This bill would require the plaintiff and defendant involved in adjudication to forward all relevant pleading and briefing materials to the Department of Water Resources after a decision has been rendered by the court. The bill was moved out of the committee to be put on a calendar to be voted on, debated on, or amended.

“Crafting responsible and comprehensive public policy while also exposing our next generation of leaders to the legislative process is an exciting prospect,” Wilson said. “The students provided exceptional testimony, and it was great to see AB 779 pass committee with strong support. I look forward to my continued partnership with the UCLA law clinic.”