Thursday Top of the Scroll: Justices delve into constitutional questions swirling in Kern River case
California Supreme Court justices wasted no time Wednesday jumping into the deep end of several complex issues at the heart of an ongoing lawsuit over flows in the Kern River. Within a few minutes of Attorney Kevin Bundy’s opening address on behalf of plaintiffs Bring Back the Kern and Water Audit California, Chief Justice Patricia Guerrero interrupted to ask about one of the main issues in the case: Whether a particular water use must be found “reasonable” when compared to other, competing uses. Her question was aimed at the relationship between California Fish and Game Code Section 5937 – which requires dam owners to allow enough water downstream for fish – and Article X, Section 2 of the state constitution – which requires all water uses to be reasonable.
Related:
- Courthouse News: California Supreme Court probes ‘reasonable’ water use in Kern River
- ABC23 (Bakersfield, Calif.): California Supreme Court hears Kern River water case
- KGET (Bakersfield, Calif.): Kern River goes before California Supreme Court: Is Bakersfield obligated to keep water in the river?
