Kern River charm offensive hits a bar at agency meeting
An effort to find common ground in the waters of the Kern River ran into a bar late last month at the Kern County Water Agency meeting, specifically Board President Marty Milobar.
Members of Bring Back the Kern have been visiting the boards of entities with rights to the Kern River to applaud the currently flowing river through town, note the resurgence of wildlife and remind board members how the water brings families to its banks.
“To take that water away from farms so you can see a toad or something is pretty tough on these Kern River rights districts.”
– Kern County Water Agency Board President Marty Milobar on running water in the normally dry riverbed through Bakersfield.
Bring Back the Kern is asking river rights holders to “…be part of the solution to create a better river for our city and our whole community,” spokesperson Kelly Damian said to the Kern County Water Agency board during its June 25 meeting. The Kern County Water Agency owns a high-flow right, meaning it gets water when the river is running at 125% of normal.
“This is a public agency that gets at least some of its funding from the public with a board elected by the public,” she said. “We’re asking you to really represent the public on this issue and create a good solution for the river so it’s not just a once-in-a-while river, but a regular river.”
The approach received a warm reception at the Bakersfield Water Committee meeting in June.
Not so much at the Kern County Water Agency.
“Several of our member units (agricultural water districts) have Kern River water rights that go back to 1880s,” Board President Milobar said after Damian was done. “Those rights support hundreds, or thousands of families that work in ag. To take that water away from farms so you can see a toad or something is pretty tough on these Kern River rights districts.”
He said the agency represents those ag districts as well as the rest of the community.
“We understand if the city wants to run their water down the river, that’s their choice. They can do that. For other rights holders it’s different. That’s my comment.”
Before being elected to the Kern County Water Agency, Milobar served as General Manager of the Buena Vista Water Storage District from 1984 to 2008. Buena Vista is one of the ag districts with Kern River rights that, along with the other rights holders, is embroiled in a legal fight with Bring Back the Kern.
The other rights holders include Kern Delta Water District and the City of Bakersfield. North Kern Water Storage District has a contractual right to water and the Rosedale-Rio Bravo Water Storage District owns a right on the South Fork of the Kern River above Lake Isabella.
The city not only owns a river right, it is also the official record keeper of river flows and water deliveries for all rights holders and it operates the river based on a long history of settlements, decrees and contracts.
In 2022, Bring Back the Kern and Water Audit California sued the city over those operations saying it was derelict by not considering the Public Trust. That doctrine demands water be used to its greatest benefit, including for the environment and recreation.
A temporary injunction had required water in the river for fish but was overturned and the river through Bakersfield went dry again. Bring Back the Kern appealed to the California Supreme Court, which may hear the issue as early as this September.
Sunset events on the river
There is no cost and no need to register. The group is welcoming the public to come out and enjoy a number of activities including rubber duck races, building “cork boats” to float on the flows, scavenger hunts and, of course water fights.
The events will be held July 9, 16, 23 and 30 from 6:30 to 8 p.m.
After that, the City of Bakersfield’s right to Kern River water ends and the river will likely be dry through town again.
To celebrate a flowing river through Bakersfield – at least until the end of this month – local group Bring Back the Kern is holding family-friendly events at Yokuts Park every Thursday evening.
Kern River lawsuit timeline
- 2022 – Lawsuit filed against Bakersfield alleging it has been derelict in its operation of the river, leaving it dry through the city most of the time.
- 2023 – Kern County Superior Court Judge Gregory Pulskamp issues a preliminary injunction requiring the city to keep enough water in the river for fish.
- April 2025 – Injunction overturned by 5th District Court of Appeal because Pulskamp didn’t make a finding of how much water was needed to keep fish in good condition.
- July 2025 – State Supreme Court grants petition to review 5th District ruling.
- Sept. 2026 – Supreme Court may hear arguments.
- The underlying case continues moving forward, now scheduled to be heard by Pulskamp in February 2027.
