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 the California Supreme Court to review the 5th District’s ruling. The deadline is June 13.

As the river dries up, though, that could bring a new round of legal issues.

Fish would have naturally moved upstream as the water receded but weirs in the riverbed owned or operated by the city are preventing that, said Attorney Adam  Keats, who represents Bring Back the Kern and several other public interest groups in a lawsuit against Bakersfield.

That’s a violation of California Fish and Game Code 5901, which states it’s illegal to build structures that impede fish passage in a river, he said.” [Read More]