(a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.
§ 849.Authority
Title 10. Actions In Particular Cases · Chapter 7. Actions Relating to Groundwater Rights · Article 15. Physical Solution · Enacted 2015 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 849 gives the court both the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication when necessary and consistent with the state constitution's water rights provision, after considering any existing groundwater sustainability plan.
Full Text of § 849
(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program.
Plain-English Summary
A physical solution is a court-ordered framework for managing a basin's groundwater going forward, rather than a simple declaration of static rights. Section 849 makes clear this authority isn't merely discretionary — the court has both the authority and the duty to impose a physical solution when necessary and consistent with Article X, § 2 of the California Constitution, the provision requiring reasonable and beneficial use of the state's water.
Before adopting a physical solution, subdivision (b) requires the court to consider any existing groundwater sustainability plan or program already governing the basin. That requirement keeps the court's remedy aligned with ongoing management efforts under the Sustainable Groundwater Management Act rather than working at cross purposes with them.
Frequently Asked Questions
What is a "physical solution" in a groundwater adjudication?
A court-ordered management framework for the basin's groundwater rights and use going forward, as authorized by § 834's judgment provisions.
Is imposing a physical solution optional for the court?
No. Section 849 frames it as both an authority and a duty when necessary and consistent with the constitutional water rights provision.
Must the court consider existing sustainability plans before adopting a physical solution?
Yes, § 849(b) requires the court to consider any existing groundwater sustainability plan or program.
Amendment History
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: physical solution groundwater adjudication california