Kern River opinion appealed to state Supreme Court
Groups trying to bring water back to the dry Kern River bed through Bakersfield have petitioned the California Supreme Court to review an appeals court decision that knocked down an order that had kept flows going for a few months last year. … The main lawsuit, filed in 2022, is still ongoing with a trial date set in December. That suit seeks to force Bakersfield to study its river operations under the Public Trust Doctrine, which requires water be put to the highest public benefit, including environmental protection and public access. The action seeking Supreme Court review involves a preliminary injunction issued in late 2023 that mandated Bakersfield keep enough water in the river to keep fish in good condition per California Fish and Game Code Section 5937. Agricultural water districts with river rights appealed that injunction. The 5th District Court of Appeal overturned it in April stating.
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