California Attorney General Rob Bonta filed an amicus brief in support of environmental groups who are suing Bakersfield for drying up the Kern River.
The brief was filed with the California Court of Appeal in the Fifth Appellate District in Bring Back the Kern v. City of Bakersfield.
The big picture; Bring Back the Kern and Water Audit California, among other environmental groups, sued Bakersfield in 2022 after the Kern River abruptly dried up, which killed thousands of fish.
- The groups were granted their motion for a preliminary injunction requiring the city to stop completely drying up the Kern River, which violates California Fish and Game Code.
- Agricultural water districts appealed the ruling, arguing that the trial court interpreted the Fish and Game Code incorrectly.
Go deeper: Bakersfield has control over where water is diverted along the Kern River. While some of the water is used in the city, much of it has been directed to the agricultural water districts for farming.
- Bonta’s amicus brief focuses on Section 5937 of the Fish and Game Code, which requires all dam owners and operators to release sufficient water below dams to keep fish below the dams in good condition.
What they’re saying: “California’s waterways and ecosystems are the lifeblood of our state’s rich and diverse wildlife and natural habitats,” Bonta said. “Yet, in Bakersfield, the sudden loss of Kern River flows due to the city officials’ decisions to divert all water away from the river, is leaving behind a dry wasteland where fish are dying in droves. With today’s amicus brief, we urge the Court to allow enough water to flow in the Kern River, as required by law, to preserve ecosystems and ensure sustainability and viability of our fish populations.”
- Chuck Bonham, the California Department of Fish and Wildlife Director, said conserving and protecting fish and wildlife and their habitats is of vital importance to California.
- “This case could impact California’s ability to protect vulnerable fish and wildlife populations in the future,” Bonham said. “The California Department of Fish and Wildlife stands in partnership with Attorney General Bonta to help protect these irreplaceable fish populations for generations to come.”
