This video documents the work of CSUB Associate Professor Rae McNeish and her student researchers as they work to develop data during a dramatic de-watering of the Kern River. Their work could help balance the needs of the community, industry, and the ecological integrity of the river.
Tag Archives: Public Trust
Attorney General backs lawsuit to restore water flow in Kern River
In a significant legal push to protect California’s waterways, Attorney General Rob Bonta has joined forces with the California Department of Fish and Wildlife, filing an amicus brief on an ongoing case.
Attorney general files friend-of-court brief in support of efforts to restore year-round water to the Kern River
There’s been a welcome turn of events for Bring Back the Kern, the group that’s been trying to compel the city of Bakersfield to halt its ongoing, wholesale diversion of water from the Kern River.
Bonta joins lawsuit against Bakersfield over Kern River drying up
Thousands of fish died when the Kern River dried up earlier this year. California officials are now getting involved in an environmental lawsuit targeted at Bakersfield.
State backs environmentalists after water shutoff kills thousands of fish in Kern River
California officials have joined a legal effort to restore water to the Kern River after an abrupt shutoff of water dried up the river and killed thousands of fish in Bakersfield.
[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.
State Attorney General, Fish and Wildlife join fight to bring flows back to the Kern River
Two powerful California agencies have jumped into the legal fight over flows in the lower Kern River.
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.
CalTrout wades into Kern River legal fracas
California Trout, a conservation group dedicated to healthy rivers, filed a brief with the 5th District Court of Appeal asking justices to reinstate an injunction that had required enough water be kept in the river for fish to survive.
[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.
Residents ask obscure but powerful water agency why it’s fighting against a flowing Kern River
Residents intent on getting at least some water flowing in the Kern River through Bakersfield brought their concerns – and some pointed questions – to board members of the Kern County Water Agency on Thursday.
Outrage as California river suddenly vanishes after controversial court ruling… leaving thousands of fish dead
More than 3,000 fish have been found dried up and dead along a five-mile stretch of a California river after waterflow was abruptly cut off.
‘It’s really sad’: River dries up abruptly in Bakersfield, leaving thousands of dead fish
Thousands of fish die as Kern River dries up in Bakersfield. Over the last three weeks, ecologist Rae McNeish and her students have watched as a flowing river has abruptly dwindled to a dry riverbed.
More lawyers: New legal team joins fight for the Kern River
Morrison Foerster, an international law firm well-known in environmental advocacy circles, has joined the legal team representing local groups suing the City of Bakersfield over how it operates the Kern River.
Kern River runs dry through Bakersfield, thousands of fish lie dead
he once flowing Kern River in Bakersfield is now dry as a bone. At the Bakersfield city council meeting Wednesday night, outraged citizens expressed their grief over the current state of the river and the wildlife it supports.
City of Bakersfield pins blame for dry Kern River on ag districts, tells citizens to go ask them for water
City of Bakersfield city council blamed water districts for dewatering of the Kern River in September and the resulting fish-kill.
Mass fish die off in the suddenly dry Kern River prompts state investigation
The California Department of Fish and Wildlife is looking into the mass fish die off in the Kern River after the City of Bakersfield cut flows.
Students scramble to study the Kern River as Bakersfield cuts off flows, leaving fish to die en masse
The city of Bakersfield announced Tuesday it was cutting back Kern River flows for a maintenance project. But the hundreds of dead and dying fish found Friday near the Stockdale Highway bridge suggest water had already been ratcheted back.
Groups fighting for higher flows in upper Kern River
Boaters and anglers north of Kernville are demanding Southern California Edison conduct a study to establish minimum instream flows for environmental uses as part of a FERC relicensing of a power plant.
California Supreme court declines to get involved in meandering Kern River case
California Supreme Court declined to an Appeals court decision in the Kern River lawsuit. This means the order to keep water in the river paused and there is no requirement that the City of Bakersfield protect fish populations pending resolution of the litigation.
Judge considering whether to bring in more defendants on the Kern River case
Combatants over the Kern River met in court again Thursday to argue over the City of Bakersfield’s motion seeking an order to compel the plaintiffs to bring in all the rights holders as defendants.
[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.
Petition asks California’s highest court to wade into Kern River legal fracas
Plaintiffs in an ongoing lawsuit over the Kern River filed a petition asking the California Supreme Court to review an order that tossed out an injunction many had anticipated would guarantee a flowing river through Bakersfield.
[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.
Appellate court stymies mandated fish flows in Kern River. But it won’t go dry – yet
The 5th District Court of Appeal issued an order Friday that stayed the injunction requiring the City of Bakersfield to keep enough water in the Kern River to support fish.
Date is set for hearing prompted by dead fish in the long meandering Kern River case
Kern River combatants are headed back to court where a local advocacy group hopes to force the City of Bakersfield to goose up flows, which were cut to a trickle leaving piles of dead fish west of Bakersfield.
The hearing is set for May 9 at 8:30 a.m. in Division J before Kern County Superior Court Judge Gregory Pulskamp.
Group files motion to compel city to comply with order for more water in Kern River
Frustrated with the amount of water dribbling down the western reach of the Kern River, plaintiffs in an ongoing lawsuit over the river filed a motion Tuesday asking the judge in the case to intervene.
The motion says the City of Bakersfield has not maintained flows required to keep fish in good condition, particularly in the areas of the river from Allen Road westward.
Dead fish piling up in pockets along the western reach of the Kern River concern Bakersfield residents; may prompt return to court
“More of the river has dried up, and the smell of death goes on for miles from the dead fish carcasses throughout the riverbed… It’s almost unbearable out there.” Flows reaching the McClung Weir, about 3 miles west of Allen Road, have, indeed dropped. They had been about 14 cubic feet per second in January. But through most of March, they’ve gone down to about 5 cfs.
Dead end river: Fish carcasses starting to pile up in stagnant pools at the Kern River’s western end
The injunction doesn’t say how much water should be kept in the river, leaving that issue to be negotiated by the city, the plaintiffs and other parties in the suit, including agricultural water districts with rights and contracts to river water.
Until those negotiations are complete, the city announced it would keep enough water in the river so that 5 cubic feet per second reaches McClung weir. But residents like Vegas, and the plaintiffs, feel that’s just not enough water.
Fish in California’s Kern River remain protected following new ruling
The judge ruled that Bakersfield has a duty to comply with certain rules, including fish and game code. He also didn’t agree with the argument that weirs aren’t dams.
Judge dismisses two claims, keeps key pieces of Kern River lawsuit intact
A motion that challenged four claims made in a lawsuit against the City of Bakersfield over how it operates the Kern River got a half-and-half ruling from Kern County Superior Court Judge Gregory Pulskamp Monday evening.
However, the heart of the lawsuit – that Bakersfield breached its duties under the Public Trust Doctrine by dewatering the river through town – will remain intact.
[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.
Judge leans toward dismissing some – but not key – actions in ongoing Kern River lawsuit
Kern County Superior Court Judge Gregory Pulskamp let the battalion of attorneys in court Wednesday know he was inclined to drop at least one cause of action in the ongoing lawsuit brought by several public interest groups against the City of Bakersfield for dewatering the Kern River.
But he likely won’t dismiss one of the lawsuit’s key claims – that Bakersfield has a duty to protect the river under the Public Trust Doctrine.
“Where’s the river?” Bakersfield lowers required Kern River flows pending interim flow agreement
Required flows down the Kern River channel were lowered by the City of Bakersfield on Monday as officials have collected more data on how much water is actually needed for the river to get west of town, according to an email from the City Water Resources Department. On Monday, the city notified Kern River interests that it was changing that flow requirement so that water passing McClung would “not exceed 20 cfs.”
New Kern River hearing set and the J.G. Boswell Company fears water in the river for fish will jeopardize its massive ag holdings
The J.G. Boswell Company fears its agricultural interests – and possibly even the City of Corcoran – could be in jeopardy if water is allowed to remain in the Kern River for fish, according to its request to be admitted as a party to a lawsuit brought by local and statewide public interest groups
That’s just one of several new actions in the ongoing fight over river water.
Historic fish flow ruling on the Kern River wasn’t intended to expand Bakersfield’s water rights, according to judge
Kern County Superior Court Judge Gregory Pulskamp made one thing clear during the latest hearing on the twists and turns of the Kern River’s flow: He did not intend to expand the City of Bakersfield’s water rights under his November ruling that mandated enough water must remain in the river channel for fish populations.
Kern River battles continue as ag districts accuse Bakersfield of pulling off a historic “water heist”
Agricultural water districts are striking back at what they say is an historic water heist by the City of Bakersfield.
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.
Select quotes from preliminary injunction to keep Water in the Kern River
A selection of quotes from the Kern County Superior Court’s ruling granting a preliminary injunction in Bring Back The Kern v Bakersfield.
Court Grants Preliminary Injunction to keep Water in the Kern River
Today, the Kern County Superior Court granted Water Audit California’s and other
joint plaintiffs’ request for a preliminary injunction that prevents the City of Bakersfield from
making diversions in a manner that habitually dries the Kern River.
‘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.”
[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.
Political winds favoring natural environment
“[T]he urgency of Climate Change requires a paradigm shift towards managing our water, preserving our carbon-sequestering and cooling forests, protecting the essential viability of our existing vineyards, and conserving the rare biodiverse hot spot that is Napa Valley.”
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.”
[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.
High water in the Kern River brings new legal issues as local group seeks to keep water in the riverbed
A local group that’s suing the City of Bakersfield for how it manages the Kern River, is seeking a court order that would force the city to keep water in the normally dry riverbed as this year’s massive runoff begins to recede.
Litigation is taking California’s public trust doctrine from the waterfront to the forefront
California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However, California’s public trust doctrine has operated more as a background principle, than an independent force of law for most of its history… he courts have seen a growing number of cases alleging that cities, counties, or other trustee agencies failed to consider the indirect impacts of their decisions on the public trust uses or values.
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.
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.
“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 …
Mount Veeder winery wins Napa County approval
The Planning Commission last week approved the 20,000-gallon-a-year winery. The planned 4,638-square-foot building at 2072 Mount Veeder Road will replace a house and barn that burned in the 2017 Nuns fire… Water Audit California, meanwhile, urged the county to deny the application. Grant Reynolds of the group wrote that Pickle Canyon Creek runs through the …
Continue reading “Mount Veeder winery wins Napa County approval”
Water issues require decisive action
“As a director of Water Audit California, I was bemused to read the response of the city of St. Helena’s attorney to our litigation…”
Water Audit Sues St. Helena Over Alleged Failure to Uphold Public Trust
FOR IMMEDIATE RELEASE: Water Audit California is again suing the City of St. Helena over their management of water resources. This comes on the heels of a similar suit filed June 1 against Napa County. Both cases aim to increase monitoring and oversight of groundwater and surface water resources.
[Court Record] Water Audit files suit against City of St. Helena
Water Audit California is again suing the City of St. Helena over their management of water resources. This comes on the heels of a similar suit filed June 1 against Napa County. Both cases aim to increase monitoring and oversight of groundwater and surface water resources. The full complaint below.
[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.
[Court Record] Amicus Brief of California Attorney Kamala Harris in defense of the public trust
The following is the full text of the Amicu Brief of the California Attorney General, filed with the First Appellate District, in support of the plaintiffs in Grant Reynolds v. City of Calistoga.
[Court Record] Amicus Brief of California Attorney Jerry Brown in defense of the public trust
The following is the full text of the Amicus Brief of the California Attorney General, filed with the Napa Superior Court, in support of the plaintiffs in Grant Reynolds v. City of Calistoga.