bring back the kern Archives

Appeal of order to keep water in the Kern River moves forward

July 3, 2024

• by Lois Henry

Agricultural water districts with rights to the Kern River filed an opening brief recently on their appeal of a local judge’s order last fall to keep enough water in the river for fish. The water districts insist that when Kern County Superior Court Judge Gregory Pulskamp issued a preliminary injunction to keep water in the river,…

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Date is set for hearing prompted by dead fish in the long meandering Kern River case

April 30, 2024

• by Lois Henry

Kern River combatants are headed back to court where a local advocacy group hopes to force the City of Bakersfield to goose up flows, which were cut to a trickle leaving piles of dead fish west of Bakersfield. The hearing is set for May 9 at 8:30 a.m. in Division J before Kern County Superior…

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Judge dismisses two claims, keeps key pieces of Kern River lawsuit intact

February 6, 2024

• by Lois Henry

A motion that challenged four claims made in a lawsuit against the City of Bakersfield over how it operates the Kern River got a half-and-half ruling from Kern County Superior Court Judge Gregory Pulskamp Monday evening. However, the heart of the lawsuit – that Bakersfield breached its duties under the Public Trust Doctrine by dewatering…

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Fish to receive 40% of Kern River flow under judge’s order

November 14, 2023

• by Lois Henry

A judge’s order signed Tuesday ensures there will be at least some water flowing in the Kern River through Bakersfield in perpetuity. Unless, of course, it’s overturned. Kern County Superior Court Judge Gregory Pulskamp signed an order that requires 40% of the Kern River’s flow to remain in the river to keep fish populations healthy….

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Judge orders Bakersfield to keep water in the Kern River

October 30, 2023

• by Lois Henry

In what one attorney called a “moment of truth” for the City of Bakersfield, a judge ordered the city to keep enough water in the normally dry Kern River to protect fish populations. The 21-page preliminary injunction was issued by Kern County Superior Court Judge Gregory Pulskamp Monday afternoon. Colin Pearce, who represents the city…

Floods

High water in the Kern River brings new legal issues as local group seeks to keep water in the riverbed

August 10, 2023

• by Lois Henry

A local group that’s suing the City of Bakersfield for how it manages the Kern River, is seeking a court order that would force the city to keep water in the normally dry riverbed as this year’s massive runoff begins to recede. “The relief sought is narrowly focused,” states the motion for a preliminary injunction…