RulesofCivilProcedure.com Civil Procedure · Every State

§ 840.Case Management Conference

Title 10. Actions In Particular Cases · Chapter 7. Actions Relating to Groundwater Rights · Article 7. Case Management · Last amended 2026 · Last verified July 28, 2026

In one sentenceSection 840 requires the court to hold a case management conference and manage the case under the Sustainable Groundwater Management Act's timelines where applicable, lists case management tools the court may use, and requires a hearing on exempting or separately treating minor water users once notice is complete.

Full Text of § 840

Text sizeJump to: (a) (b) (c)

(a) In managing a comprehensive adjudication, the court shall do both of the following:
(1) Convene a case management conference as provided by the California Rules of Court.
(2) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), manage the case in accordance with Section 10737.2 of the Water Code.
(b) In an initial case management conference, or as soon as practicable, the court may consider the following in addition to other matters:
(1) Determining whether to seek adjustment of the basin boundaries pursuant to Section 841.
(2) Staying the action pursuant to Section 848.
(3) Appointing a special master pursuant to Section 845.
(4) Scheduling a hearing on a preliminary injunction pursuant to Section 847.
(5) Dividing the case into phases to resolve legal and factual issues.
(6) Issuing orders to ensure that issues resolved in one phase are not relitigated in another phase.
(7) Limiting discovery to correspond to the phases.
(8) Scheduling early resolution of claims to prescriptive rights.
(9) Forming a class or classes of overlying groundwater rights holders pursuant to the criteria specified in Section 382.
(c) After a plaintiff files with the court a notice of completion of the mailing required by Section 836, the court shall, as soon as practicable, hold a hearing to determine whether to exempt or treat separately those claimants who extract or divert only minor quantities of water, as described in Section 833. If the court determines that certain claimants shall be exempted from, or treated separately from, other parties, the court shall establish an appropriate procedure for the registration and administration of such claims.

Plain-English Summary

This section gives the assigned judge a toolkit for managing what can be an enormous and complicated case. Subdivision (a) requires the court to convene a case management conference under the California Rules of Court and, for basins that must have a groundwater sustainability plan, to manage the case consistent with the Water Code's timeline provisions for those plans.

Subdivision (b) lists nine tools the court may use at or soon after the initial conference: deciding whether to seek adjustment of basin boundaries under § 841, staying the action under § 848, appointing a special master under § 845, scheduling a preliminary injunction hearing under § 847, dividing the case into phases, issuing orders that keep issues resolved in one phase from being relitigated in another, limiting discovery to match those phases, scheduling early resolution of prescriptive-rights claims, and forming classes of overlying groundwater rights holders under § 382's class certification criteria.

Subdivision (c) ties case management to the notice process in § 836: once the plaintiff files notice that mailing under that section is complete, the court must hold a hearing, as soon as practicable, on whether to exempt or separately treat claimants who extract or divert only minor quantities of water under § 833. If the court does exempt or separately treat certain claimants, it must set up an appropriate registration and administration procedure for those claims.

Frequently Asked Questions

Is a case management conference required in a comprehensive adjudication?

Yes, § 840(a) requires the court to convene one under the California Rules of Court.

What case management tools can the court use?

Among others, adjusting basin boundaries, staying the action, appointing a special master, scheduling a preliminary injunction hearing, phasing the case, limiting discovery to match those phases, and forming classes of overlying rights holders.

What must happen once the plaintiff completes the mailing required by § 836?

The court must hold a hearing on whether to exempt or separately treat claimants who extract or divert only minor quantities of water, and set up a registration procedure if it does.

Does this section apply differently to basins governed by the Sustainable Groundwater Management Act?

Yes. For basins required to have a groundwater sustainability plan, the court must manage the case consistent with that Act's case management timeline provisions.

Amendment History

Amended by Stats 2025 ch 643 (AB 1466),s 2, eff. 1/1/2026. Amended by Stats 2023 ch 665 (AB 779),s 2, eff. 1/1/2024. Added by Stats 2015 ch 672 (AB 1390),s 1, eff. 1/1/2016.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: case management conference groundwater adjudication california