California Water Code ARTICLE 9 - Hearing and Decree of Court

• Section 2750.
  As soon as practicable after adoption of the order of determination, issuance of an order on reconsideration, or issuance of an order denying reconsideration, whichever...
• Section 2751.
  Upon the filing of the certified copy of the order of determination and the evidence and transcript, the board shall procure an order from the...
• Section 2752.
  The clerk of the court shall immediately furnish the board with a certified copy of the order setting the time for hearing.(Amended by Stats. 1957,...
• Section 2753.
  Upon receiving the certified copy of the order setting the time for hearing, the board shall immediately mail a copy of the order by registered...
• Section 2754.
  The board shall cause the order to be published at least once a week for four consecutive weeks in some newspaper of general circulation published...
• Section 2755.
  The board shall file with the clerk of the court proof of service by registered mail and by publication.(Amended by Stats. 1957, Ch. 1932.)
• Section 2756.
  Service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of...
• Section 2757.
  At least 10 days prior to the day set for hearing, each party in interest who is aggrieved or dissatisfied with the order of determination...
• Section 2758.
  The notice of exceptions shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief.(Enacted by Stats. 1943, Ch. 368.)
• Section 2759.
  A copy of each notice of exception shall be sent by registered mail at least 10 days prior to the hearing to the board and...
• Section 2760.
  The order of determination, the statements or claims of claimants, and the exceptions made to the order of determination constitute the pleadings.(Enacted by Stats. 1943,...
• Section 2761.
  The court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding.(Enacted by Stats. 1943, Ch. 368.)
• Section 2762.
  If no exceptions are filed, then on the day set for the hearing, on motion of the board, the court shall enter a decree affirming...
• Section 2763.
  On the day set for hearing all parties in interest who have filed notices of exceptions shall appear in person, or by counsel, and the...
• Section 2763.5.
  (a) No exception to the order of determination shall be considered, except in the court’s discretion for good cause shown, unless the matter of the exception...
• Section 2764.
  All proceedings on the hearing shall be as nearly as may be in accordance with the rules governing civil actions.(Enacted by Stats. 1943, Ch. 368.)
• Section 2765.
  Whenever in the judgment of the court the State is a necessary party to the action, the court shall make an order to that effect...
• Section 2766.
  For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon under oath, subject...
• Section 2767.
  The court may take additional evidence on any issue and may, if necessary, refer the case for such further evidence to be taken by the...
• Section 2768.
  After the hearing, the court shall enter a decree determining the right of all persons involved in the proceeding.(Enacted by Stats. 1943, Ch. 368.)
• Section 2769.
  The decree shall in every case declare as to the water right adjudged to each party, the priority, amount, season of use, purpose of use,...
• Section 2770.
  Upon the hearing the court may assess and adjudge against any party such costs as it may deem just.(Enacted by Stats. 1943, Ch. 368.)
• Section 2771.
  Appeals from the decree may be taken by the board or any party in interest, in the same manner and with the same effect as...
• Section 2772.
  A certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed for record in the office of...
• Section 2773.
  The decree is conclusive as to the rights of all existing claimants upon the stream system lawfully embraced in the determination.(Enacted by Stats. 1943, Ch.
• Section 2774.
  When a decree has been entered, any claimant who has failed to appear and submit proof of his claim as provided in this chapter shall...

Last modified: October 22, 2018