Appeals court sets tentative time frame to hear arguments in Kern River case

Arguments over the preliminary injunction that had mandated water be kept in the Kern River for fish are tentatively scheduled for sometime in mid-March at the 5th District Court of Appeal, according to a notice issued by the court Wednesday.

Considering the significant number of attorneys involved, even that somewhat squishy time frame could move several times. But the notice is an indication that this portion of the case is moving forward.

Depending on how the 5th District rules on a motion filed last month, the state Attorney General’s office may also argue on behalf of the river. The Attorney General’s office filed an amicus brief earlier urging the 5th District to uphold the injunction and keep water in the river.

It’s not common for the Attorney General’s office to file amicus briefs in private lawsuits and even less so to request time to make oral arguments on those cases, suggesting the state believes this case could have much wider implications.

“We’re happy to have the AG argue and are glad they are so deeply involved in this case,” said Attorney Adam Keats, who represents several public interest groups, including Bring Back the Kern, that, along with Water Audit California, filed the original lawsuit against the City of Bakersfield from which this contested preliminary injunction stems.

That lawsuit, filed in 2022, alleges Bakersfield has been derelict in allowing the river to go dry through town and demands the city study its river operations under the Public Trust Doctrine, which holds that all natural resources are owned in trust by the state for the greatest public benefit, including the environment and public access.

Bring Back the Kern and Water Audit later sought an injunction to keep water in the river after the historic 2023 water year brought flows – and fish – back to the river bed through town.

Kern County Superior Court Judge Gregory Pulskamp issued a preliminary injunction to maintain those flows citing the Public Trust doctrine and California Department of Fish and Game Code 5937, which mandates owners of dams keep enough water downstream to keep fish in good condition.

Other river rights holders including the North Kern, Buena Vista and Rosedale-Rio Bravo water storage districts, Kern Delta Water District and the Kern County Water Agency, filed an appeal against that preliminary injunction in January 2024.

The 5th District stayed the preliminary injunction in May and the river dried up at the end of August leaving a mass of dead fish.

Meanwhile, the underlying case against Bakersfield was set for trial on Dec. 8 2025, with Judge Pulskamp acknowledging that a ruling from the 5th District on the preliminary injunction could change how the main case moves forward.