On May 13, 2025, the 5th Court of Appeals of California issued an unpublished opinion which reversed a dismissal by the trial court, upheld Water Audit California’s standing as a private attorney general, and rejected the defendants’ invocation of federal pre-emption.
Author Archives: Water Audit California
[Court Record] Plaintiffs petition CA Supreme Court for review in ‘Bring Back The Kern’ suit
The plaintiffs in the ‘Bring Back the Kern’ suit petitioned the California Supreme Court for review of certain elements of the 5th Appellate Court’s latest ruling on the Bring Back the Kern v. Bakersfield injunction.
[Court Record] Appellate court sides with Water Audit in Merced fish ladder appeal
The 5th Court of Appeals of California issued an unpublished opinion which reversed a dismissal by the trial court, upheld Water Audit California’s standing as a private attorney general, and rejected the defendants’ invocation of federal jurisdiction.
California Court of Appeal Reverses Kern River Injunction: Key Ruling on Water Rights and Environmental Law
The Fifth Appellate District of the California Court of Appeal reversed a preliminary injunction and related orders in Bring Back the Kern v. City of Bakersfield.
[Court Record] California Court of Appeal Reverses Kern River Injunction
The following is the full text of the ruling of the Fifth Appellate District of the California Court of Appeal reversing a preliminary injunction and related orders in Bring Back the Kern v. City of Bakersfield
[video] CSUB Researchers Investigate the Kern River
This video documents the work of CSUB Associate Professor Rae McNeish and her student researchers as they work to develop data during a dramatic de-watering of the Kern River. Their work could help balance the needs of the community, industry, and the ecological integrity of the river.
[Court Record] Plaintiffs petition CA Supreme Court for review in ‘Bring Back The Kern’ suit
The Superior Court’s preliminary injunction stayed by the 5th Court of Appeals, the plaintiffs in the ‘Bring Back the Kern’ suit petitioned the California Supreme Court for review. Full text of the Petition for Review is attached.
[Court Record] 5th Court of Appeal decision to stay preliminary injunction in ‘Bring Back The Kern’ suit
The 5th District Court of Appeal issued an order on May 3, 2024, that stayed the preliminary injunctions of Kern County Superior Court Judge Gregory Pulskamp in the Bring Back The Kern v City of Bakersfield lawsuit. The preliminary injunction required the City of Bakersfield ensure enough water remained in the Kern River to support fish. Full text of the Appeals Court ruling follows.
[Court Record] Superior Court issues preliminary ruling in ‘Bring Back The Kern’ lawsuit
On February 5, 2024, Kern County Superior Court Judge Gregory Pulskamp issued a preliminary ruling on four Causes of Action brought by plaintiffs against the City of Bakersfield for its management of Kern River water and ecology. Full text of the ruling follows.
Water Audit California welcomes California’s “Salmon Strategy”
“The grand strategy would seem to fit with Water Audit goals….”
— Dr. Peter Moyle, Distinguished Professor Emeritus, Center for Watershed Sciences, University of California Davis
On January 30, 2024, Governor Newsom announced California’s Salmon Strategy to restore native fish populations and adapt to climate change. Water Audit California welcomes this policy initiative.
Select quotes from preliminary injunction to keep Water in the Kern River
A selection of quotes from the Kern County Superior Court’s ruling granting a preliminary injunction in Bring Back The Kern v Bakersfield.
Court Grants Preliminary Injunction to keep Water in the Kern River
Today, the Kern County Superior Court granted Water Audit California’s and other
joint plaintiffs’ request for a preliminary injunction that prevents the City of Bakersfield from
making diversions in a manner that habitually dries the Kern River.
[Court Record] Court grants Plaintiffs’ Motion for Preliminary Injunction in ‘Bring Back The Kern’ lawsuit
Full text of the Kern County Superior Court’s ruling granting a preliminary injunction that prevents the City of Bakersfield from making diversions in a manner that habitually dries the Kern River.
[Court Record] Rewatering the Kern River: Water Audit seeks injunction in Kern River lawsuit
On August 10, 2023 a coalition of community advocacy groups filed a motion for a preliminary injunction to return a living river to the City of Bakersfield. The litigation proposes a community alternative will maintain both river and irrigation flows by relocating diversions to downstream of the City.
Napa Water Forum 2023 speakers and agenda
The speakers list and agenda for the Napa Water Forum 2023, to be held at 1:00 p.m. on March 24 at 937 Coombs Street in Napa, California.
A Funny Thing Happened on the Way to the Forum
The Napa Water Forum will continue as scheduled, despite the County CEO’s prohibition on employees presenting their work or attending.
Water Forum 2023 tickets now open
Water Forum 2023 will be held on March 24, 2023. Presenters will speak to the future of county-wide integrated water and wastewater systems.
The Refugia Project – Napa (2023)
Pre-Register now for 2023 Napa Water Forum
In March 2023, Water Audit and Save Napa Valley Foundation will cohost the 2023 Napa Water Forum – The Refugia Project to share our findings and proposals with the public.
First flows for new Hemphill Dam fish passage
Six miles of habitat on the Auburn Ravine have been opened to for migrating and resident fish by the completion of the the Nevada Irrigation District’s Hemphill fish passage.
Rich Marovich honored for service to Putah Creek
Rich Marovich’s 21 years of service as streamkeeper of Putah Creek has left a legacy of water resource conservation that serves as a model and inspiration for communities across California.
Hemphill Dam begins construction of fish passage
WAC has been able to verify that construction of the Hemphill Dam fish passage is underway. This project is the culmination of a 20-year process involving citizen advocates and regulatory agencies, including litigation by Water Audit California.
Lake Marie Flows to Provide Improved Fish Habitat
A settlement agreement ending litigation between the California Department of State Hospitals and Water Audit California that was announced today will improve conditions for fish in Cayetano Creek while allowing Skyline Park visitors to continue to enjoy Lake Marie as a hiking destination. This resolution is representative of two principles: we can manage what we measure, and we can always do better. This settlement is the next step in Water Audit’s Napa Valley remediation program that has so far included securing dam bypasses from Kimball, Rector, Bell Canyon dams, and the removal of obstructions to spawning in Garnet and York Creeks.
Napa County Groundwater Sustainability Public Meeting #2
The video below was recorded at the Napa County Groundwater Sustainability Public Meeting #2, on Sep 29 2021, 6:00 PM–7:30 PM, for Water Audit California by Israel Valencia of Infinity Visuals.
Napa County Groundwater Sustainability Public Meeting #1
The video below was recorded at the Napa County Groundwater Sustainability Public Meeting #1, on Sep 22 2021, 6:00 PM–7:30 PM, for Water Audit California by Israel Valencia of Infinity Visuals.
WAC published videos of the Napa County Groundwater Sustainability Public Meetings
If you missed one or both of the Napa County Groundwater Sustainability Public Meetings on September 22nd and September 29, you can now watch them on the Water Audit California website.
[video] Putah Creek Stream Restoration
Water Audit California victory for fishes at Hemphill Dam
Legal action by Water Audit California has prompted Nevada Irrigation District to adopt a fish passage improvement plan for Hemphill Dam in Auburn Ravine.
2021 Rector Creek Stream Fish Population Technical Memorandum
Through the Public Records Act, Water Audit has obtained the 2021 draft Rector Creek Stream Fish Population Technical Memorandum prepared for California Department of Veteran Affairs by Stillwater Sciences.
2021 Rector Creek Water Year Type and Watershed Model Technical Memorandum
Through the Public Records Act, Water Audit has obtained the 2021 draft Rector Creek Water Year Type and Watershed Model Technical Memorandum prepared for California Department of Veteran Affairs by Stillwater Sciences.
Water Audit Sues St. Helena Over Alleged Failure to Uphold Public Trust
FOR IMMEDIATE RELEASE: Water Audit California is again suing the City of St. Helena over their management of water resources. This comes on the heels of a similar suit filed June 1 against Napa County. Both cases aim to increase monitoring and oversight of groundwater and surface water resources.
[Court Record] Water Audit files suit against City of St. Helena
Water Audit California is again suing the City of St. Helena over their management of water resources. This comes on the heels of a similar suit filed June 1 against Napa County. Both cases aim to increase monitoring and oversight of groundwater and surface water resources. The full complaint below.
[Court Record] Water Audit files suit against Napa County
A week ago, we filed a lawsuit against the County of Napa for Negligent Breach of Trustee Duties and related issues. We’ve decided to publish the full text so you can read our reasons for yourselves.
City of Napa: County’s EIR draft “especially disconcerting in a time of extreme drought”
The City of Napa has panned the County of Napa’s Draft Environmental Impact Report for the KJS Investment & Sorrento, Inc. Vineyard Conversion, concluding that “The absence of any real water supply impacts analysis renders the DEIR deficient.” Full document attached.
Joint Statement Regarding the Protection of Public Trust Resources
Water Audit California is pleased to announce that we have reached a settlement of our controversy with the City of St. Helena. It represents a substantial evolution for the City that we both hope will result in a sustainable water future. Water Audit commends the City for its decision to adopt the principles of science …
Continue reading “Joint Statement Regarding the Protection of Public Trust Resources”
York Creek dam removed!
Water Audit California is pleased to announce that our inspectors have observed water flowing at the site of the recently-removed York Creek dam in Napa. Local authorities had stalled on the court-ordered removal of this dam for a decade until WAC began enforcement action in 2017. Removal activities began earlier this summer and WAC can confirm that the passage is now clear in time for winter rains.
Farmstead Lodge’s response to WAC re application for well permit
Responding to concerns filed by Water Audit California, Farmstead Lodge promised that approval of its well permits requests would decrease their demand on groundwater by approximately 50%.
WAC’s letter to Napa LAFCO requesting time to present Re wildfire control
“As a response to the recent devastating events in Napa County, Water Audit Californiahas expanded our remit to include fire as an essential component of the environment. We havesecured the advice of a leading scholar on the subject and are in the process of assemblinganother outstanding advisory subcommittee.”
WAC’s letter to Napa Planning re Bremer Winery’s application for exception to conservation regulations
“Water Audit has two concerns herein: (1) the preservation of the Napa County streamsetback provision, and (2) the application of proper policies and practices considering environmentalmatters. Water Audit believes that riparian ways should be seen as sacred ground, an essentialfoundation of the community’s environmental health.”
Introducing: The Refugia Project
The Refugia Project arose from the Forum’s first principle: In Data We Trust. An early-stage work-in-progress, The Refugia Project is organizing, making accessible and actionable the enormous amount of open source data already available about the Napa Valley ecosystems.
2020 Napa Water Forum update
A coalition of public interest organizations hosted the 2020 Napa Water Forum, with generous support from leading Napa wineries. The Forum introduced an innovative environmental management strategy. A panel of distinguished experts spoke on the history of Napa’s relationship with its watercourse, its unique opportunities in the future, the principles of environmental reconciliation, and the highly topical subject of groundwater management and its relationship to surface flows.
2020 Water Forum Panelists
Dr. Peter Moyle Distinguished Professor Emeritus in the Department of Wildlife, Fish and Conservation Biology and associate director of the Center for Watershed Sciences, UC Davis. Dr. Moyle is author or co-author of more than 250 publications, including Inland Fishes of California (2002) and “Suisun Marsh: ecological history and possible futures” co-authored with Amber Manfree and Peggy …
Announcing the 2020 Napa Water Forum
“We cannot solve our problems with the same level of thinking that created them.”~ Albert Einstein Growers and Vintners for Responsible Agriculture, Napa Vision 2050 and Water Audit California present WE MANAGE WHAT WE MEASURE:A NAPA WATER FORUM Friday, February 7, 2020 at NOON Concerned residents of Napa County seek to protect the natural environment from further degradation. Multi-layered federal, state and local …
WAC warns Napa County of litigation over winery permitting deregulation
“Water Audit cannot, however, remain silent about the proposed Ordinance, as that legislation that appears to pose a direct threat to interests of the public trust. Recent events and research have elevated our concerns to outright alarm. …We see no discussion in the Board of Supervisor’s record of the impact that these identified new demands …
Continue reading “WAC warns Napa County of litigation over winery permitting deregulation”
[Court Record] WATER AUDIT CALIFORNIA v. NEVADA IRRIGATION DISTRICT
Water Audit California has filed suit against the Nevada Irrigation District’s Hemphill Diversion Facility (Hemphill Dam) alleging it “is an unlawful stream obstruction and an unlawful manner of diversion”.