State Codes and Statutes

Statutes > California > Wat > 1126-1126.2

WATER CODE
SECTION 1126-1126.2 



1126.  (a) It is the intent of the Legislature that all issues
relating to state water law decided by the board be reviewed in state
courts, if a party seeks judicial review. It is further the intent
of the Legislature that the courts assert jurisdiction and exercise
discretion to fashion appropriate remedies pursuant to Section 389 of
the Code of Civil Procedure to facilitate the resolution of state
water rights issues in state courts.
   (b) Any party aggrieved by any decision or order may, not later
than 30 days from the date of final action by the board, file a
petition for a writ of mandate for review of the decision or order.
Except in cases where the decision or order is issued under authority
delegated to an officer or employee of the board, reconsideration
before the board is not an administrative remedy that is required to
be exhausted before filing a petition for writ of mandate. The time
for filing the petition for writ of mandate and the time for filing
an action or proceeding in which the board is a respondent under
Section 21167 of the Public Resources Code shall be extended for any
person who seeks reconsideration by the board pursuant to this
article. The amendment of this subdivision made during the 2001
portion of the 2001-02 Regular Session does not constitute a change
in, but is declaratory of, existing law.
   (c) Section 1094.5 of the Code of Civil Procedure shall govern
judicial proceedings under this section. For the purposes of
subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the
court shall exercise its independent judgement on the evidence in
any case involving the judicial review of a cease and desist order
issued pursuant to Article 2 (commencing with Section 1831) of
Chapter 12 of Part 2 of Division 2, and in any other case in which
the court is authorized by law to exercise its independent judgement
on the evidence.
   (d) If no aggrieved party petitions for a writ of mandate within
the time provided by this section, the decision or order of the board
is not subject to review by any court.
   (e) In any court case reviewing a decision or order by the state
board relating to a permit or license to appropriate water held by
the state through the department or any other state agency, or to a
permit or license to appropriate water held by the United States
through the Bureau of Reclamation or any other federal agency, the
election by the United States, or any agency thereof, not to be a
party shall not, in and of itself, be the basis for dismissal
pursuant to Section 389 of the Code of Civil Procedure or any other
provision of law.


1126.2.  The provisions of Assembly Bill 3036 of the 1995-96 Regular
Session, which, among other things, added this chapter, do not apply
to any proceeding for the judicial review of a decision or order of
the board that is pending on December 31, 1996, and the applicable
law in effect on that date shall continue to apply to that
proceeding.

State Codes and Statutes

Statutes > California > Wat > 1126-1126.2

WATER CODE
SECTION 1126-1126.2 



1126.  (a) It is the intent of the Legislature that all issues
relating to state water law decided by the board be reviewed in state
courts, if a party seeks judicial review. It is further the intent
of the Legislature that the courts assert jurisdiction and exercise
discretion to fashion appropriate remedies pursuant to Section 389 of
the Code of Civil Procedure to facilitate the resolution of state
water rights issues in state courts.
   (b) Any party aggrieved by any decision or order may, not later
than 30 days from the date of final action by the board, file a
petition for a writ of mandate for review of the decision or order.
Except in cases where the decision or order is issued under authority
delegated to an officer or employee of the board, reconsideration
before the board is not an administrative remedy that is required to
be exhausted before filing a petition for writ of mandate. The time
for filing the petition for writ of mandate and the time for filing
an action or proceeding in which the board is a respondent under
Section 21167 of the Public Resources Code shall be extended for any
person who seeks reconsideration by the board pursuant to this
article. The amendment of this subdivision made during the 2001
portion of the 2001-02 Regular Session does not constitute a change
in, but is declaratory of, existing law.
   (c) Section 1094.5 of the Code of Civil Procedure shall govern
judicial proceedings under this section. For the purposes of
subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the
court shall exercise its independent judgement on the evidence in
any case involving the judicial review of a cease and desist order
issued pursuant to Article 2 (commencing with Section 1831) of
Chapter 12 of Part 2 of Division 2, and in any other case in which
the court is authorized by law to exercise its independent judgement
on the evidence.
   (d) If no aggrieved party petitions for a writ of mandate within
the time provided by this section, the decision or order of the board
is not subject to review by any court.
   (e) In any court case reviewing a decision or order by the state
board relating to a permit or license to appropriate water held by
the state through the department or any other state agency, or to a
permit or license to appropriate water held by the United States
through the Bureau of Reclamation or any other federal agency, the
election by the United States, or any agency thereof, not to be a
party shall not, in and of itself, be the basis for dismissal
pursuant to Section 389 of the Code of Civil Procedure or any other
provision of law.


1126.2.  The provisions of Assembly Bill 3036 of the 1995-96 Regular
Session, which, among other things, added this chapter, do not apply
to any proceeding for the judicial review of a decision or order of
the board that is pending on December 31, 1996, and the applicable
law in effect on that date shall continue to apply to that
proceeding.


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State Codes and Statutes

Statutes > California > Wat > 1126-1126.2

WATER CODE
SECTION 1126-1126.2 



1126.  (a) It is the intent of the Legislature that all issues
relating to state water law decided by the board be reviewed in state
courts, if a party seeks judicial review. It is further the intent
of the Legislature that the courts assert jurisdiction and exercise
discretion to fashion appropriate remedies pursuant to Section 389 of
the Code of Civil Procedure to facilitate the resolution of state
water rights issues in state courts.
   (b) Any party aggrieved by any decision or order may, not later
than 30 days from the date of final action by the board, file a
petition for a writ of mandate for review of the decision or order.
Except in cases where the decision or order is issued under authority
delegated to an officer or employee of the board, reconsideration
before the board is not an administrative remedy that is required to
be exhausted before filing a petition for writ of mandate. The time
for filing the petition for writ of mandate and the time for filing
an action or proceeding in which the board is a respondent under
Section 21167 of the Public Resources Code shall be extended for any
person who seeks reconsideration by the board pursuant to this
article. The amendment of this subdivision made during the 2001
portion of the 2001-02 Regular Session does not constitute a change
in, but is declaratory of, existing law.
   (c) Section 1094.5 of the Code of Civil Procedure shall govern
judicial proceedings under this section. For the purposes of
subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the
court shall exercise its independent judgement on the evidence in
any case involving the judicial review of a cease and desist order
issued pursuant to Article 2 (commencing with Section 1831) of
Chapter 12 of Part 2 of Division 2, and in any other case in which
the court is authorized by law to exercise its independent judgement
on the evidence.
   (d) If no aggrieved party petitions for a writ of mandate within
the time provided by this section, the decision or order of the board
is not subject to review by any court.
   (e) In any court case reviewing a decision or order by the state
board relating to a permit or license to appropriate water held by
the state through the department or any other state agency, or to a
permit or license to appropriate water held by the United States
through the Bureau of Reclamation or any other federal agency, the
election by the United States, or any agency thereof, not to be a
party shall not, in and of itself, be the basis for dismissal
pursuant to Section 389 of the Code of Civil Procedure or any other
provision of law.


1126.2.  The provisions of Assembly Bill 3036 of the 1995-96 Regular
Session, which, among other things, added this chapter, do not apply
to any proceeding for the judicial review of a decision or order of
the board that is pending on December 31, 1996, and the applicable
law in effect on that date shall continue to apply to that
proceeding.


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