City to shut off Kern River at the end of the month

The City of Bakersfield will be shutting off water to the Kern River through town as of July 31, according to a press release issued Wednesday.

The city has kept the river flowing to the Park at Riverwalk since April using its river rights above what has been needed for drinking water and other contractural deliveries.

River advocates noticed a significant drop in flows at Yokuts Park on Monday, but the river was back up again by Wednesday. The fluctuations were caused by delivery changes to other river interests, according to Daniel Maldonado, Assistant Director of the Bakersfield Water Department.

The city had been making deliveries to other parties, which bolstered the city’s flows. Those deliveries ended, so flows dropped. Then Wednesday, the city was moving water for another party, bringing the river back up again.

Unless other river interests continue getting water deliveries through the river bed, though, the river will go dry shortly after July 31.

“The City’s Kern River supplies are variable and limited each water year; there are no additional supplies available to the City to continue the 2026 River Run,” the city’s press release states.

Given recent statements by at least one other Kern River rights holder, it seems unlikely any other river owners will kick in to keep the flows going.

“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,” Kern County Water Agency Board President Marty Milobar told a representative of the local group Bring Back the Kern at the agency’s June 25 meeting.

Kelly Damian had given public comments about the life rebounding in the Kern River with water supplied by the city. She asked board members be part of a solution so the river could serve ag, the larger community and the environment.

Milobar closed the topic by saying the Kern River is the subject of an ongoing lawsuit.

Bring Back the Kern along with Water Audit California sued Bakersfield back in 2022 over its Kern River operations. The groups are seeking to have the city study those operations under the Public Trust Doctrine, which requires all waters in the state be put to the highest beneficial use. That can include public access and the environment.

Other Kern River rights holders, including the Kern County Water Agency, Kern Delta Water District and the North Kern, Buena Vista and Rosedale-Rio Bravo water storage districts were named “real parties in interest” in the lawsuit but are not defendants.

As that lawsuit progressed, the plaintiffs got a temporary injunction requiring water in the river for fish. The injunction was overturned and the California Supreme Court agreed to review that reversal. It may hear arguments as early as this September.

Meanwhile, as long as there is water in the river bed, Bring Back the Kern will hold its Thursday “Sunsets on the River” events starting at 6:30 p.m. The events are free to the public and feature rubber duckie races, fly fishing lessons and lots of splashing in the cool water.

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.