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HomeWater CodeDiv. 6Pt. 2.8Ch. 4§ 10850 Action Time Limits

§ 10850 Action Time Limits

Water Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 10850 Action Time Limits

This law tells people how quickly they must file a legal challenge against an agricultural water supplier's plan and what the court will look at when deciding if the supplier acted properly.

Key Takeaways

  • •You have 18 months to sue if the supplier never adopted a required plan.
  • •You have 120 days to sue if you think the adopted plan is illegal.
  • •The court only checks for abuse of discretion, not whether the plan was right or wrong.
  • •Abuse of discretion happens if the supplier didn't follow the law or acted without enough evidence.

Example

A farmer thinks the local water district didn't follow the rules when it created a new water use plan.

The farmer must file a lawsuit within 18 months of when the plan was supposed to be adopted, or within 120 days after the plan was submitted. The court will only check if the water district abused its discretion, meaning it didn't follow the law or didn't have enough evidence for its decision.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 10850 Action Time Limits

(a) Any action or proceeding to attack, review, set aside, void, or annul the acts or decisions of an agricultural water supplier on the grounds of noncompliance with this part shall be commenced as follows: (1) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part. (2) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 120 days after submitting the plan or amendments to the plan to entities in accordance with Section 10844 or the taking of that action. (b) In an action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an agricultural water supplier, on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agricultural water supplier has not proceeded in a manner required by law, or if the action by the agricultural water supplier is not supported by substantial evidence. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 4. (SB 7 7x) Effective February 3, 2010.)

Last verified: January 11, 2026

Key Terms

agricultural water supplierprejudicial abuse of discretionsubstantial evidence

Related Statutes

  • § 10651 Water Plan Legal Challenges
  • § 10608.48 Agricultural Water Efficiency Requirements
  • § 10852 Agricultural Water Grant Eligibility
  • § 10853 Small Water Supplier Exemption
  • § 10540 Regional Water Management Planning

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 10850.
View Official Source