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. “The City does not have the discretion to ignore its statutory and public trust duties,” Pulskamp’s ruling states. The judge also overruled opponents’ arguments that the Kern River isn’t subject to California Fish and Game Code 5937, which requires dam owners to allow enough water to pass those structures to keep downstream fish in good conditions. Opponents had argued that structures used to divert water out of the Kern River are weirs, or “conduits,” not dams. Pulskamp noted the code includes “all artificial obstructions” in its definition of dams.

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