Kern River trial date moved back eight months

The trial to determine whether the City of Bakersfield must re-evaluate how it operates the Kern River was bumped another eight months to October 4, 2027, at a court hearing on Monday.

The case was set to be heard in February next year, but the parties agreed to move it back as the state Supreme Court gears up to hear arguments on a crucial piece of the case possibly as early as next month.

Though the issues are different in the underlying lawsuit and the portion of the suit being heard by the state Supreme Court, a ruling from the justices could influence the rest of the case.

Justices agreed to review a ruling by the 5th District Court of Appeal that overturned a temporary injunction that was issued by Kern County Superior Court Judge Gregory Pulskamp in 2023 to keep some water in the river.

Pulskamp had required water be allowed to flow in the river based on California Fish and Game Code Section 5937, which requires dam owners to let enough water run downstream to keep fish in good condition.

River rights owners appealed Pulskamp’s order stating he first needed to determine how much water was needed and then balance that need against existing uses for the water. The 5th District Court of Appeal agreed and overturned the ruling in April 2025.

River advocates Bring Back the Kern and Water Audit California then appealed to the Supreme Court, which agreed to review the issue in July 2025. That triggered a blizzard of briefs from all sides until June when the high court announced it was ready to hear oral arguments as early as September. So far, only one attorney, Colin Pearce who represents Bakersfield, has notified the court that he has a conflict Sept. 8-11, and the court agreed to black out those dates.

There are a multitude of other attorneys involved who could similarly request the court not schedule arguments for certain dates, so it’s still unclear when exactly arguments will be held.

Meanwhile, the underlying case against Bakersfield brought by Bring Back the Kern and Water Audit California in 2022 has continued. The main issue in that case is a quest to have Bakersfield study how it operates the Kern River under the Public Trust Doctrine. That doctrine requires all waters in the state be put to the highest beneficial use, which can include public access and the environment.

Given that agricultural diversions leave the river through town dry most of the time, the plaintiffs have argued that the city has been derelict in its public trust requirements.

The city and 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, have argued river operations are dictated by layers of rights, contracts and agreements going back more than 150 years.

The city used some of its Kern River rights to keep water flowing through town from April through July 30 this year. But those rights petered out and the river ran dry again.