“California Attorney General Rob Bonta, along with the California Department of Fish and Wildlife, today filed an amicus brief with the California Court of Appeal, Fifth Appellate District, in support of the environmental plaintiffs in Bring Back the Kern v. City of Bakersfield. Last year, a coalition of environmental groups, led by Bring Back the Kern and Water Audit California, were granted their motion for a preliminary injunction requiring the City of Bakersfield to cease completely drying up the Kern River in violation of California Fish and Game Code section 5937. This critically important state environmental statute requires all dam owners and operators to release sufficient water below dams to keep fish below the dams in “good condition.”
However, certain agricultural water districts, served by the City’s diversions from the Kern River, appealed the trial court’s decision requiring some water to be left in the river, arguing that the trial court wrongly interpreted Section 5937 and that the City could continue to periodically completely drain sections of the river. The real-world impact of the City’s decisions was illustrated most recently the Friday before Labor Day of this year, when the City once again diverted all of the flows from the Kern River below the Calloway Weir to deliver to agricultural customers, leaving thousands of fish to die.” [Read More]