Late last fall, agricultural water districts that are “real parties in interest” in the case, filed a motion to boot that particular cause of action from the overall case. They argued that Section 5901 can only be enforced at the discretion of the Department of Fish and Wildlife, not private parties. Judge Pulskamp agreed.
Author Archives: Maven's Notebook
Kern River trial moved to 2027 as participants await state Supreme Court ruling
Kern County Superior Court Judge Gregory Pulskamp wanted await a ruling by the California Supreme Court on one portion of the case, that may, or may not, alter some of the key issues being examined.
Court Grants Preliminary Injunction to Keep Water in the Kern River
Finding that Plaintiffs’ are likely to succeed on the merits of their claim, and after weighing potential harms to the respective parties in this case, the Court concluded that the California Legislature has already considered competing uses of water when it passed Fish and Game Code, section 5937 and thus determined that enough water must be allowed to remain in a waterway, that at a minimum, keeps fish in good condition.