§ 852.Continuing Jurisdiction
Title 10. Actions In Particular Cases · Chapter 7. Actions Relating to Groundwater Rights · Article 18. Continuing Jurisdiction · Last amended 2017 · Last verified July 28, 2026
Full Text of § 852
Plain-English Summary
Groundwater conditions change over years and decades, and a judgment meant to govern a basin's management can't realistically stay frozen forever. Section 852 keeps the court's authority alive after final judgment, letting it modify or amend the judgment based on new information, changed circumstances, the interests of justice, or the need to keep the judgment consistent with the criteria § 850(a) requires for entering judgment in the first place.
That continuing jurisdiction pairs naturally with § 849's physical solution authority — a physical solution is meant to function as an ongoing management framework, and this section is what lets the court adjust that framework as conditions on the ground evolve. Where feasible, the same judge who heard the original comprehensive adjudication presides over later actions or motions to modify or amend the judgment, preserving continuity and familiarity with the basin's history.
Frequently Asked Questions
Can a comprehensive adjudication judgment be changed after it becomes final?
Yes. Section 852 gives the court continuing jurisdiction to modify or amend the judgment based on new information, changed circumstances, or the interests of justice.
Does the judgment have to keep satisfying the same standards as when it was entered?
Yes, the court may also modify the judgment to ensure it continues to meet the criteria in § 850(a).
Who presides over a later motion to modify the judgment?
The same judge who heard the original comprehensive adjudication, if feasible.
Why does this chapter give courts this kind of ongoing authority?
Because a physical solution under § 849 functions as a continuing management framework for the basin, and groundwater conditions can change over time in ways the original judgment may need to accommodate.
Amendment History
Amended by Stats 2016 ch 86 (SB 1171),s 33, eff. 1/1/2017. Added by Stats 2015 ch 672 (AB 1390),s 1, eff. 1/1/2016.