State Supreme Court may hear Kern River arguments in September

A notice from the California State Supreme Court went out to attorneys on Friday to be ready to present oral arguments on the Kern River possibly as early as this September.

If that happens, it will have been just four years from the time the case was initially filed to a hearing before the state’s highest court. That could be considered “breakneck speed” compared to the last time a Kern River case was decided by the Supreme Court 138 years ago after slogging it out for nearly a decade.

A lot can happen to delay the hearing, which doesn’t have an absolute date yet, including scheduling conflicts for the phalanx of attorneys involved on all sides. But if the justices review the case any time between September and even into early November, the February 2027 trial date for the underlying lawsuit likely would not be changed.

“This is good momentum,” said Kelly Damian, a spokesperson for Bring Back the Kern, which, along with Water Audit California sued the City of Bakersfield in 2022 for how it operates the river, which is mostly dry through the heart of town. “We are really excited and raring to get in front of the court on this.”

The original complaint demands that the city study how it operates the river under the Public Trust Doctrine, which holds that all natural resources must be used to the greatest benefit of the public, including for recreation and the environment. As that lawsuit was progressing, the huge water year in 2023 refilled the river, bringing back fish.

The plaintiffs won an injunction ordering the city to keep some water in the river under California Fish and Game Code 5937, which states dam owners have to let enough water pass to keep fish downstream in good condition.

Several agricultural water districts with rights to the river, who are “real parties in interest” to the lawsuit, appealed that order . The 5th District Court of Appeal overturned the injunction in 2024.

The 5th District said before Kern County Superior Court Gregory Pulskamp issued the injunction, he should have determined how much water was needed for fish and then balanced that need against existing demands to determine if the amount for fish was reasonable.

The plaintiffs then appealed the 5th District’s ruling to the Supreme Court, which agreed in July 2025 to review the ruling.

The question to the high court is narrowly focused on whether judges do, in fact, have to conduct a “reasonableness” investigation in these types of cases or if Fish and Game Code 5937 has already determined that water for fish is reasonable. The stakes are high and not just for the Kern River. Several other river conservation cases have been decided based on Fish and Game Code 5937.

In fact, amicus, or “friend of the court,” briefs have flooded in from all over the state showing widespread interest in the outcome.

Numerous ag and water groups have lined up on the side of the real parties in interest, while river conservation and other groups, including the state Attorney General’s office have backed Bring Back the Kern.

Though it could still be a long fight, Damian said Friday’s news left the group “…feeling positive and energized by this.

“And I really encourage people to get down to the river and see the water there now and imagine that this could be the new normal after this is all said and done.

The City of Bakersfield is running some of it’s water in the river from Manor Street to the Stockdale Highway bridge. But only through the July 4th holiday.