Agricultural water districts are striking back at what they say is an historic water heist by the City of Bakersfield.
Tag Archives: Litigation
City must keep close to half of the Kern River flowing according to judge’s order
“The judge has now signed an order that would require the city to keep at least 40% of the river flowing.”
Fish to receive 40% of Kern River flow under judge’s order
A Kern County Superior Court Judge signed an order that requires 40% of the Kern River’s flow to remain in the river to keep fish populations healthy.
A river runs through Bakersfield? Judge rules the Kern River must be allowed to flow
A judge has granted a preliminary injunction preventing water diversions that would dry up the river, requiring sufficient water to provide for fish and keep the Kern flowing in the city.
Kern County judge approves injunction that limits Bakersfield’s use of Kern River water
A Kern County judge has approved a preliminary injunction, to limit the amount of water from the Kern River the city of Bakersfield can use. The injunction will prevent the now-flowing Kern River from returning to the dry state it was in last year.
California Court Rules Against Kern River Water Diversions
Monday’s ruling prohibits the city from implementing diversions that reduce river flows below the volume necessary to maintain good condition for fish.
[Court Record] Court grants Plaintiffs’ Motion for Preliminary Injunction (Bring Back The Kern v Bakersfield)
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.
Environmental groups score win in Kern River dispute
“In a win for environmental groups, a California state court judge on Monday temporarily blocked Bakersfield from reducing water flow on the Kern River.”
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.
‘We’ve now got a seat at the table’: City of Bakersfield ordered to halt excess pull of water from Kern River to protect wildlife
“A Kern County judge has granted a preliminary injunction in a lawsuit by citizen water advocacy groups, filed against the City of Bakersfield and its water usage. To ensure protection of fish and other river wildlife, the city is prohibited from using more water than it needs.”
Kern County judge considers injunction to halt Bakersfield’s water distribution amid environmental lawsuit
“A Kern County Superior Court judge is considering whether to issue an injunction that would prevent the city of Bakersfield from distributing water in the Kern River until the lawsuit is settled.”
Environmental groups seek change to water flows for California’s Kern River
“A Kern County judge heard arguments Friday in a case targeting water flows in the Kern River and whether they’re sufficient to support its fish.”
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.”
It’s time to show your support for the Kern River
“The courtroom is where most water policy gets decided, and if we want our river to have water, then we, the average citizens of Bakersfield, have to go to court, too.”
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.
In Bakersfield, a lawsuit aims to turn a dry riverbed into a flowing river
Six environmental groups sued the city of Bakersfield, saying that continuing to allow diversions of water upstream from the city harms the environment and the community.
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.
Napa’s Lake Marie dam to release water for fish under 1915 law
“The Lake Marie reservoir, created in the late 19th century as part of a Napa State Hospital water mini-empire, might in the 21st century help locally rare steelhead trout. Water Audit California has used lawsuits to try to gain more water from local reservoirs for downstream fish habitat. In this case, the California Department of …
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Lake Marie Flows to Provide Improved Fish Habitat
A settlement agreement ending litigation between the California Department of State Hospitals and Water Audit California that was announced today will improve conditions for fish in Cayetano Creek while allowing Skyline Park visitors to continue to enjoy Lake Marie as a hiking destination. This resolution is representative of two principles: we can manage what we measure, and we can always do better. This settlement is the next step in Water Audit’s Napa Valley remediation program that has so far included securing dam bypasses from Kimball, Rector, Bell Canyon dams, and the removal of obstructions to spawning in Garnet and York Creeks.
“Rewatering Napa’s Rivers”
The American Bar Association’s Natural Resources & Environment vol 36 no 1 contained “Rewatering Napa’s Rivers” by Karrigan Bork and Amber Manfree. The article describes the history of California’s legislative efforts to protect fisheries, the structural failures which led to non-enforcement, and the role of private entities like Water Audit in effecting the will of …
[Court Record] Water Audit files suit against Napa County
A week ago, we filed a lawsuit against the County of Napa for Negligent Breach of Trustee Duties and related issues. We’ve decided to publish the full text so you can read our reasons for yourselves.
York Creek dam removed!
Water Audit California is pleased to announce that our inspectors have observed water flowing at the site of the recently-removed York Creek dam in Napa. Local authorities had stalled on the court-ordered removal of this dam for a decade until WAC began enforcement action in 2017. Removal activities began earlier this summer and WAC can confirm that the passage is now clear in time for winter rains.
WAC warns Napa County of litigation over winery permitting deregulation
“Water Audit cannot, however, remain silent about the proposed Ordinance, as that legislation that appears to pose a direct threat to interests of the public trust. Recent events and research have elevated our concerns to outright alarm. …We see no discussion in the Board of Supervisor’s record of the impact that these identified new demands …
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[Court Record] WATER AUDIT CALIFORNIA v. NEVADA IRRIGATION DISTRICT
Water Audit California has filed suit against the Nevada Irrigation District’s Hemphill Diversion Facility (Hemphill Dam) alleging it “is an unlawful stream obstruction and an unlawful manner of diversion”.