Judge limits Bakersfield’s take of Kern River water and orders all sides to the drawing board over fish flows
Kern County Superior Court Judge Gregory Pulskamp issued a modified injunction on Kern River flows Wednesday [Dec. 27] that curbs the City of Bakersfield’s take and orders all rights holders to consult on how much water is needed for fish. On Nov. 14, Pulskamp had ordered 40% of the river’s flows be kept in the stream bed for fish as part of an earlier injunction that requires Bakersfield to keep fish in “good condition” from about Hart Park to Enos Lane. The new modification does not retain that 40% flow requirement, nor list a new one. Instead, it orders all parties – including agricultural districts with rights to the river – to consult in “good faith” to agree on a fish flow, also called a “public trust” flow. If they can’t agree, any one of the parties can request the court step in and impose flow rates.
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