Golden State Today

California Attorney General Rob Bonta and the California Department of Fish and Wildlife have submitted an amicus brief to the California Court of Appeal, Fifth Appellate District. This action supports environmental plaintiffs in the case Bring Back the Kern v. City of Bakersfield. The legal matter centers on a preliminary injunction granted last year that requires Bakersfield to stop completely drying up the Kern River, in accordance with California Fish and Game Code section 5937.

This statute mandates that dam owners release enough water to maintain fish populations below dams in "good condition." However, agricultural water districts served by Bakersfield's diversions from the Kern River have appealed this decision. They argue that the trial court misinterpreted Section 5937, allowing for periodic complete drainage of river sections.

The issue was highlighted recently when all flows from the Kern River below Calloway Weir were diverted for agricultural use, resulting in significant fish deaths. Attorney General Bonta emphasized the importance of waterways for California's wildlife: “California’s waterways and ecosystems are the lifeblood of our state’s rich and diverse wildlife and natural habitats.”

Bonta urged compliance with Section 5937 to preserve ecosystems: “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, Director of the California Department of Fish and Wildlife, stated: “Conserving and protecting our fish and wildlife...is of vital importance to the people of California.” He warned that insufficient water downstream damages ecosystems and violates state law.

The amicus brief stresses compliance with Section 5937 by releasing adequate flows below Bakersfield's six dams. It also notes that concerns about water supply can be addressed during injunctive proceedings when specific flow amounts will be determined.