California Supreme Court justices will hear oral arguments on a key piece of the ongoing lawsuit over Kern River flows Oct. 7 at a special session of the court to be held in Redding. … The last time justices ruled on a case involving the Kern River was 140 years ago. That 1886 ruling set the basis for California’s water rights system. This time around, the outcome could be just as weighty. The justices are looking at whether the 5th District Court of Appeal erred when it overturned a temporary injunction by Kern County Superior Court Judge Gregory Pulskamp issued in fall of 2023 after an epic water year filled the mostly dry river bed through town – bringing fish with it. That injunction had required the City of Bakersfield, which operates the river, to keep some water in the river based on California Fish and Game Code Section 5937, which requires dam owners to let enough water run downstream to keep fish in good condition.

Other California water rights news:

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