This is a selection of quotes from the Kern County Superior Court’s ruling granting a preliminary injunction in Bring Back The Kern v Bakersfield. Read the full ruling of the Court in our Public Records section: [Court Record] Court grants Plaintiffs’ Motion for Preliminary Injunction (Bring Back The Kern v Bakersfield)
“The Court considers the current case to be a very significant case on a very significant topic: management of water supplied by the Kern River. It is common knowledge that clean, fresh water is a critical natural resource and a necessary component to establish essentially all aspects of a healthy society.”
“Defendant and RPI submit that the issuance of a preliminary injunction ordering compliance with Section 5937 would cause great harm because it would bar Defendant from delivering a clean, safe, and reliable drinking water supply…”
“[T]he potential conflict between compliance with Section 5937 and providing a safe, clean, and affordable domestic water supply appears to be a theoretical legal issue, rather than a practical factual issue.”
“Defendant and RPI submit that the issuance of a preliminary injunction ordering compliance with Section 5937 would cause great harm because it would interfere with Defendant’s and RPI’s contractual obligations regarding the delivery of water for agricultural and other purposes.”
“[C]ompliance with Section 5937 is compulsory, as is compliance with any other state law. It is well established that contractual obligations do not take precedence over compliance with state law.”
“Defendant City of Bakersfield and its officers, directors, employees, agents, and all persons acting on its behalf are prohibited from operating the Beardsley Weir, the Rocky Point Weir, the Calloway Weir, the River Canal Weir, the Bellevue Weir, and the McClung Weir in any manner that reduces Kern River flows below the volume sufficient to keep fish downstream of said weirs in good condition.”