Bring Back The Kern v Bakersfield

California Supreme Court to Hear Oral Argument October 7
in Landmark Kern River Fish-Flow Case

The California Supreme Court will hear oral argument on October 7, 2026, in Bring Back the Kern, et al. v. City of Bakersfield (Case No. S290840), a case that will determine how one of California’s oldest environmental water statutes, Fish and Game Code section 5937, is enforced statewide.

The case has drawn amicus participation from a broad range of interests, including the California Attorney General and Department of Fish and Wildlife, agricultural and municipal water associations, environmental and fishing advocacy organizations, and legal scholars, reflecting the decision’s likely impact well beyond the Kern River on how California’s water-rights framework interacts with statutory environmental protections statewide.

CA Supreme Court to hear Kern River flows case in Redding next month

California Supreme Court justices will hear oral arguments on a key piece of the ongoing lawsuit over Kern River flows Oct. 7 at a special session of the court to be held in Redding.

[Court Record] California Supreme Court to Hold Oral Argument Outreach Session in Shasta County

Bring Back the Kern v. City of Bakersfield scheduled for oral arguments before the California Supreme Court at a special session in Redding on October 7, 2026.

Bakersfield reducing water releases into Kern River after extra supply runs out

City leaders say after months of keeping water flowing through the Kern River channel since April, the available supply beyond what is needed for drinking water and environmental requirements has been exhausted.

2026 Kern River Run in Bakersfield to end July 31 after four months of flows

The City said the Kern River supplies are variable and limited each water year and that there are no additional supplies available to the City to continue the 2026 River Run.

‘Bring Back The Kern’ lawsuit heads to California Supreme Court

The California Supreme Court announced Wednesday it will grant a review of the 5th District Court of Appeals decision that overturned a Kern County judge’s previous ruling that said water needs to be kept in the Kern River at fish-friendly levels.

California Supreme Court gets an earful on Kern River appellate court opinion

One new legal filing and a raft of letters have been sent to the California State Supreme Court alternately praising and decrying the recent 5th District Court of Appeal opinion that overturned a local court order that had kept the Kern River flowing, at least for a few months.

California Supreme Court flooded with briefs on Kern River case from outside groups

More than a dozen “friend of the court,” briefs have been filed with the state Supreme Court debating whether a local judge erred when he ordered that enough water be kept in the mostly dry Kern River bed through Bakersfield for fish.

Constitutional questions flow through Kern River case

Briefs and replies are piling up in the Kern River case pending review by the state Supreme Court. There are two central questions in this fray…

Judge tosses one “cause of action” in long-running Kern River case

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.

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.

Powerful Kern water agency wants to boot judge off of Kern River case

The Kern County Water Agency filed a motion May 30 seeking to remove Kern County Superior Court Judge Gregory Pulskamp from the long-running Kern River lawsuit saying it believes he is prejudiced against the agency.

It’s highly unusual – one opposing attorney said improper – to try and get a judge removed from a case without a ruling, much less one that hasn’t even gone to trial yet.

[Court Record] Plaintiffs petition CA Supreme Court for review in ‘Bring Back The Kern’ suit

The plaintiffs in the ‘Bring Back the Kern’ suit petitioned the California Supreme Court for review of certain elements of the 5th Appellate Court’s latest ruling on the Bring Back the Kern v. Bakersfield injunction.

Bring Back the Kern v. City of Bakersfield: Surface vs. Groundwater Regulation Post-SGMA

Bring Back the Kern v. City of Bakersfield implicitly mandates Groundwater Sustainability Agencies to rigorously evaluate and justify groundwater recharge activities within their Groundwater Sustainability Plans.

California Court of Appeal Reverses Kern River Injunction: Key Ruling on Water Rights and Environmental Law

The Fifth Appellate District of the California Court of Appeal reversed a preliminary injunction and related orders in Bring Back the Kern v. City of Bakersfield.

[Court Record] California Court of Appeal Reverses Kern River Injunction

The following is the full text of the ruling of the Fifth Appellate District of the California Court of Appeal reversing a preliminary injunction and related orders in Bring Back the Kern v. City of Bakersfield

Date set for arguments in Kern River appellate court hearing

Justices for the 5th District Court of Appeal will hear arguments on March 20 over whether flows can be legally required to run down the Kern riverbed.

[Court Record] Amicu Brief of the California Attorney General Rob Bonta in ‘Bring Back the Kern’ lawsuit

The following is the full text of the Amicu Brief of the California Attorney General in support of the plaintiffs in Bring Back the Kern, et al v. City of Bakersfield.

Attorney General Bonta Files Amicus Brief on Importance of Protecting California’s Waterways

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.

[Court Record] Amicu Brief of CalTrout in ‘Bring Back the Kern’ lawsuit

The following is the full text of the Amicu Brief of the California Trout in support of the plaintiffs in Bring Back the Kern, et al v. City of Bakersfield.

[Court Record] Amicu Brief of CalTrout in ‘Bring Back the Kern’ lawsuit

The following is the full text of the Amicu Brief of California Trout, Inc (aka CalTrout) in support of the plaintiffs in Bring Back the Kern, et al v. City of Bakersfield.

[Court Record] Plaintiffs petition CA Supreme Court for review in ‘Bring Back The Kern’ suit

The Superior Court’s preliminary injunction stayed by the 5th Court of Appeals, the plaintiffs in the ‘Bring Back the Kern’ suit petitioned the California Supreme Court for review. Full text of the Petition for Review is attached.

[Court Record] 5th Court of Appeal decision to stay preliminary injunction in ‘Bring Back The Kern’ suit

The 5th District Court of Appeal issued an order on May 3, 2024, that stayed the preliminary injunctions of Kern County Superior Court Judge Gregory Pulskamp in the Bring Back The Kern v City of Bakersfield lawsuit. The preliminary injunction required the City of Bakersfield ensure enough water remained in the Kern River to support fish. Full text of the Appeals Court ruling follows.

[Court Record] Superior Court issues preliminary ruling in ‘Bring Back The Kern’ lawsuit

On February 5, 2024, Kern County Superior Court Judge Gregory Pulskamp issued a preliminary ruling on four Causes of Action brought by plaintiffs against the City of Bakersfield for its management of Kern River water and ecology. Full text of the ruling follows.

[Court Record] Court grants Plaintiffs’ Motion for Preliminary Injunction in ‘Bring Back The Kern’ lawsuit

Full text of the Kern County Superior Court’s ruling granting a preliminary injunction that prevents the City of Bakersfield from making diversions in a manner that habitually dries the Kern River.

[Court Record] Rewatering the Kern River: Water Audit seeks injunction in Kern River lawsuit

On August 10, 2023 a coalition of community advocacy groups filed a motion for a preliminary injunction to return a living river to the City of Bakersfield. The litigation proposes a community alternative will maintain both river and irrigation flows by relocating diversions to downstream of the City.