Morrison Foerster, an international law firm well-known in environmental advocacy circles, has joined the legal team representing local groups suing the City of Bakersfield over how it operates the Kern River.
Author Archives: SJV Water
City of Bakersfield pins blame for dry Kern River on ag districts, tells citizens to go ask them for water
City of Bakersfield city council blamed water districts for dewatering of the Kern River in September and the resulting fish-kill.
Mass fish die off in the suddenly dry Kern River prompts state investigation
The California Department of Fish and Wildlife is looking into the mass fish die off in the Kern River after the City of Bakersfield cut flows.
Students scramble to study the Kern River as Bakersfield cuts off flows, leaving fish to die en masse
The city of Bakersfield announced Tuesday it was cutting back Kern River flows for a maintenance project. But the hundreds of dead and dying fish found Friday near the Stockdale Highway bridge suggest water had already been ratcheted back.
Groups fighting for higher flows in upper Kern River
Boaters and anglers north of Kernville are demanding Southern California Edison conduct a study to establish minimum instream flows for environmental uses as part of a FERC relicensing of a power plant.
California Supreme court declines to get involved in meandering Kern River case
California Supreme Court declined to an Appeals court decision in the Kern River lawsuit. This means the order to keep water in the river paused and there is no requirement that the City of Bakersfield protect fish populations pending resolution of the litigation.
Rehearing on Kern River rejected by appellate court. Next step could be the California Supreme Court
“The 5th District Court of Appeal denied a petition Friday to rehear the court’s earlier decision to put a hold on a Kern County court’s order that had required the City of Bakersfield keep enough water in the Kern River for fish to survive. Both plaintiffs in the action have said they will likely petition …
Kern River combatants sent to their respective corners – for now
Legal action on the Kern River was put on pause following an order by the 5th District Court of Appeal that stayed an injunction mandating enough water be kept in the river for fish.
Appellate court stymies mandated fish flows in Kern River. But it won’t go dry – yet
The 5th District Court of Appeal issued an order Friday that stayed the injunction requiring the City of Bakersfield to keep enough water in the Kern River to support fish.
Date is set for hearing prompted by dead fish in the long meandering Kern River case
Kern River combatants are headed back to court where a local advocacy group hopes to force the City of Bakersfield to goose up flows, which were cut to a trickle leaving piles of dead fish west of Bakersfield.
The hearing is set for May 9 at 8:30 a.m. in Division J before Kern County Superior Court Judge Gregory Pulskamp.
Group files motion to compel city to comply with order for more water in Kern River
Frustrated with the amount of water dribbling down the western reach of the Kern River, plaintiffs in an ongoing lawsuit over the river filed a motion Tuesday asking the judge in the case to intervene.
The motion says the City of Bakersfield has not maintained flows required to keep fish in good condition, particularly in the areas of the river from Allen Road westward.
Dead fish piling up in pockets along the western reach of the Kern River concern Bakersfield residents; may prompt return to court
“More of the river has dried up, and the smell of death goes on for miles from the dead fish carcasses throughout the riverbed… It’s almost unbearable out there.” Flows reaching the McClung Weir, about 3 miles west of Allen Road, have, indeed dropped. They had been about 14 cubic feet per second in January. But through most of March, they’ve gone down to about 5 cfs.
Dead end river: Fish carcasses starting to pile up in stagnant pools at the Kern River’s western end
The injunction doesn’t say how much water should be kept in the river, leaving that issue to be negotiated by the city, the plaintiffs and other parties in the suit, including agricultural water districts with rights and contracts to river water.
Until those negotiations are complete, the city announced it would keep enough water in the river so that 5 cubic feet per second reaches McClung weir. But residents like Vegas, and the plaintiffs, feel that’s just not enough water.
Judge dismisses two claims, keeps key pieces of Kern River lawsuit intact
A motion that challenged four claims made in a lawsuit against the City of Bakersfield over how it operates the Kern River got a half-and-half ruling from Kern County Superior Court Judge Gregory Pulskamp Monday evening.
However, the heart of the lawsuit – that Bakersfield breached its duties under the Public Trust Doctrine by dewatering the river through town – will remain intact.
Judge leans toward dismissing some – but not key – actions in ongoing Kern River lawsuit
Kern County Superior Court Judge Gregory Pulskamp let the battalion of attorneys in court Wednesday know he was inclined to drop at least one cause of action in the ongoing lawsuit brought by several public interest groups against the City of Bakersfield for dewatering the Kern River.
But he likely won’t dismiss one of the lawsuit’s key claims – that Bakersfield has a duty to protect the river under the Public Trust Doctrine.
“Where’s the river?” Bakersfield lowers required Kern River flows pending interim flow agreement
Required flows down the Kern River channel were lowered by the City of Bakersfield on Monday as officials have collected more data on how much water is actually needed for the river to get west of town, according to an email from the City Water Resources Department. On Monday, the city notified Kern River interests that it was changing that flow requirement so that water passing McClung would “not exceed 20 cfs.”
New Kern River hearing set and the J.G. Boswell Company fears water in the river for fish will jeopardize its massive ag holdings
The J.G. Boswell Company fears its agricultural interests – and possibly even the City of Corcoran – could be in jeopardy if water is allowed to remain in the Kern River for fish, according to its request to be admitted as a party to a lawsuit brought by local and statewide public interest groups
That’s just one of several new actions in the ongoing fight over river water.
Isabella power plant operators have a plan to make repairs without drying up Kern River
“Engineers with Isabella Partners, which operates the power plant at the base of Isabella Dam, believe they’ve found a way to make repairs to the plant without drying up the lower Kern River for weeks on end. If successful, water levels will drop from where they are now, but the river won’t go totally dry. …
Historic fish flow ruling on the Kern River wasn’t intended to expand Bakersfield’s water rights, according to judge
Kern County Superior Court Judge Gregory Pulskamp made one thing clear during the latest hearing on the twists and turns of the Kern River’s flow: He did not intend to expand the City of Bakersfield’s water rights under his November ruling that mandated enough water must remain in the river channel for fish populations.
Army Corps approves cuts to Isabella Dam releases as groups look for ways to protect Kern River fish flows and legal maneuvers expand
“The Army Corps of Engineers approved a request by operators of the power plant at the base of the dam to drastically cut water releases between Dec. 18 and Jan. 7 for a planned repair project to the plant. Under the approval, releases would drop from between 500 and 700 cubic feet per second down to …
Isabella Dam power plant repairs could cut Kern River flows causing a “massive fish kill”
“Anticipated repairs to the power plant at the base of Isabella Dam could cause a “massive fish kill” along the length of the Kern River as flows would have to be cut to almost nothing for weeks. Isabella Partners, which operates that power plant, submitted a request to the Army Corps of Engineers to cut …
Kern River battles continue as ag districts accuse Bakersfield of pulling off a historic “water heist”
Agricultural water districts are striking back at what they say is an historic water heist by the City of Bakersfield.
Judge orders Bakersfield to keep water in the Kern River
In what one attorney called a “moment of truth” for the City of Bakersfield, a judge ordered the city to keep enough water in the normally dry Kern River to protect fish populations.
Kern River legal wrangling raises questions about how – or whether – the river can serve the needs of people, fish and ag
“Kern County Superior Court Judge Gregory Pulskamp came back several times during an Oct. 13 hearing to what he saw as a “major issue” in the dispute over keeping water in the Kern River – its plumbing.”
State and federal agencies want fish ladder restored on Merced River
Two powerful state and federal agencies have stuck their toes, so to speak, into an ongoing lawsuit against Merced Irrigation District demanding the district reopen a long defunct fish ladder. The California Department of Fish and Wildlife and National Marine Fisheries Service both sent letters to Merced Irrigation District after Water Audit California sued the …
Continue reading “State and federal agencies want fish ladder restored on Merced River”
Merced Irrigation District sued over defunct fish ladder
Water Audit California has filed suit against the Merced Irrigation District demanding repair and maintained of a neglected fish ladder at Crocker-Huffman Dam.
Bakersfield has been derelict toward the public on the Kern River, group alleges
Water Audit California sent a letter to the Bakersfield Water Resources Department demanding the city conduct a study of how its diversions from the river are impacting the public trust and determine ways to avoid those impacts.