Kern County Superior Court Judge Gregory Pulskamp on Tuesday denied the City of Bakersfield’s request to add defendants to the ongoing Kern River lawsuit.
The city had asked that several agricultural water districts with rights to Kern River water be added as defendants as opposed to “real parties in interest.” As real parties in interest, the districts can weigh in on the case, but aren’t bound by any rulings, the city argued.
The city’s concern was that if it is ordered to maintain water flows through town, the water districts would sue if their supplies are impacted.
The plaintiffs in the case, Bring Back the Kern and several other public interest groups, argued those are contractual disputes between the city and the water districts.
The plaintiffs are suing under the Public Trust doctrine, which Attorney Adam Keats said trumps water rights and contracts.
Under the Public Trust doctrine, he said, the city must study how much water is needed to sustain the environment and public access. Rights holders can then divvy up what’s left.
He said bringing in the water districts as defendants would have dragged out the case for years as each water right and contract was examined.
The current fight stems from a lawsuit filed against Bakersfield back in 2022.
As that suit progressed, the epic 2023 water year brought fish back to the river. The plaintiffs sought and won an injunction requiring enough water be kept in the river to maintain those fish populations.
The water districts appealed that injunction to the Fifth District Court of Appeal, which granted a stay until justices hold a hearing and make an ultimate ruling.
Meanwhile, the rest of the underlying lawsuit is moving forward.
The next court date is set for Nov. 14 for a case management conference.
