“Plaintiffs Bring Back the Kern and Water Audit California had claimed in their lawsuit against the City of Bakersfield that – among other issues – it was illegally flouting California Fish and Game Code 5901, which states that it’s illegal to put anything in a river, such as a dam or a weir, that impedes fish passage.
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 and removed that issue from the upcoming trial, which is scheduled for Feb, 8, 2027.” [Read More]