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HomeEnvironmental ImpactsCalifornia Joins Legal Battle to Preserve Water in Kern River

California Joins Legal Battle to Preserve Water in Kern River

“California Officials Fight to Restore Water to Kern River After Devastating Drought Kills Thousands of Fish in Bakersfield”

California officials, led by Attorney General Rob Bonta, have stepped in to support environmental groups in their legal battle to restore water to the Kern River in Bakersfield. The sudden shutoff of water in late August resulted in the drying up of several miles of the river channel, leading to the death of thousands of fish.

Bonta announced on Monday that he and the California Department of Fish and Wildlife filed a brief in support of the environmental groups in their case before the state’s Fifth District Court of Appeal. The decision to intervene in the court case aims to compel the city of Bakersfield and agricultural water districts to bring back a flowing river.

The abrupt loss of water in the Kern River was first noticed by Rae McNeish, an associate professor at Cal State Bakersfield, and her students who were conducting biological surveys along the river. They witnessed the devastation as the once-flowing river dwindled to a dry riverbed, leaving behind a grim scene of dead fish scattered on the sand and mud. By mid-September, they had counted over 3,000 dead fish.

The collapse of the river came as a shock to residents of Bakersfield, who had become accustomed to seeing water flowing past parks and bridges after two wet winters. The appeals court ruling allowed city officials and water managers to reduce flows upstream, diverting water to farms and keeping some behind a dam.

Bonta emphasized the importance of Fish and Game Code section 5937, which requires dam owners and operators to release sufficient water to maintain fish populations below the dams in good condition. The environmental groups, including Bring Back the Kern and Water Audit California, have also cited this statute in their case, arguing that the drying up of the river violates California’s public trust doctrine.

The city of Bakersfield controls several weirs where water is diverted, with some used locally and the rest supplied to agricultural water districts for crops like almonds, pistachios, grapes, and oranges. Last year, a judge granted the environmental groups a preliminary injunction to ensure sufficient water flow in the river, but an appeals court froze that order earlier this year, allowing for the river to be drained while the case is pending.

In late August, the city once again diverted all flows from the Kern River below the Calloway Weir to agricultural customers, resulting in the death of thousands of fish. The attorney general’s office is now urging the court to uphold the law and ensure the preservation of ecosystems and fish populations by allowing sufficient water to flow in the Kern River.

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