Arguments heard in court for Kern River flow through Bakersfield
Mar 20, 2025
BAKERSFIELD, Calif. (KGET) -- Bring Back The Kern and the City of Bakersfield were back in court Thursday afternoon as the debate to let the Kern River flow through Bakersfield persists.
Multiple attorneys on both sides argued both for fish and against fish. An old law, enacted in 1915, states t
hat water levels need to stay at a level high enough to sustain wildlife.
Attorneys argued in front of three justices at the 5th district court of appeals in Fresno.
A Bakersfield judge said the law requires the river to have water year round. North Kern Water Storage district appealed saying farmers were entitled to the water.
The storage district argued the law is being used to support fisheries more than anything else.
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They also argued that a 1915 law does not relate to 2025.
Attorney William McKinnon representing Water Audit California argued the need of consistent scientific studies to determine how much water should flow.
"What we've been trying to do is get the city and the real parties to meet with us and say okay, let's do some monitoring and measuring, let's do a decent set of studies, and we can adjust again," said McKinnon.The state is behind Bring Back the Kern.
In October, the Attorney General filed a brief in support of letting the river flow past the Calloway Weir.
Justices have 90 days to make a decision.
The suit is back in trial court on Nov. 14, and a trial is set for Dec. 4. ...read more read less