public trust Archives

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…

Uncategorized

Dead end river: Fish carcasses starting to pile up in stagnant pools at the Kern River’s western end

February 16, 2024

• by Lois Henry

Avid cyclist and angler Jonathan Vegas was thrilled last fall when he read that a local judge had issued an injunction requiring the City of Bakersfield to keep enough water in the Kern River to support fish populations. “It’s a dream of mine to be able to leave my backyard, take a two mile trip…

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Judge leans toward dismissing some – but not key – actions in ongoing Kern River lawsuit

January 31, 2024

• by Lois Henry

Kern County Superior Court Judge Gregory Pulskamp let the battalion of attorneys in court Wednesday know he was inclined to drop at least one cause of action in the ongoing lawsuit brought by several public interest groups against the City of Bakersfield for dewatering the Kern River. But he likely won’t dismiss one of the…

Uncategorized

Judge limits Bakersfield’s take of Kern River water and orders all sides to the drawing board over fish flows

December 28, 2023

• by Lois Henry

Kern County Superior Court Judge Gregory Pulskamp issued a modified injunction on Kern River flows Wednesday that curbs the City of Bakersfield’s take and orders all rights holders to consult on how much water is needed for fish. On Nov. 14, Pulskamp had ordered 40% of the river’s flows be kept in the stream bed…

Uncategorized

Historic fish flow ruling on the Kern River wasn’t intended to expand Bakersfield’s water rights, according to judge

December 21, 2023

• by Lois Henry

Kern County Superior Court Judge Gregory Pulskamp made one thing clear during the latest hearing on the twists and turns of the Kern River’s flow: He did not intend to expand the City of Bakersfield’s water rights under his November ruling that mandated enough water must remain in the river channel for fish populations. That…

Rivers • Uncategorized

Court to consider cutting water diversions out of Kern River

October 3, 2023

• by Lois Henry

A preliminary injunction that could cut water being taken out of the Kern River if those diversions are harmful to fish will be taken up Friday, October 13 in a Kern County courtroom. The request for the injunction was filed in August by a group of entities suing the City of Bakersfield for what it…

Drought • Rivers

Putah Creek’s experience suggests getting water back in the Kern River could be a “slam dunk”

October 22, 2022

• by Lois Henry

If water rights on the Kern River were challenged in a public trust lawsuit, those rights would lose water, according to a legal expert on the public trust doctrine. Even when water rights go back more than 100 years, which is the case on the Kern River, the public trust doctrine holds sway. “It’s not…

Rivers

Merced Irrigation District sued over defunct fish ladder

October 11, 2022

• by Lois Henry

A long defunct fish ladder on an historic dam on the Merced River is the focus of a public trust lawsuit by advocacy group Water Audit California. The lawsuit, filed in late September, demands the Merced Irrigation District repair and properly maintain a fish ladder on the Crocker-Huffman Dam, about 30 miles northeast of the…

The Law of the River

VIDEO: The Kern River’s work starts long before it hits Bakersfield

September 29, 2022

• by Lois Henry

In our continuing series, we head upstream with Kern River Watermaster Mark Mulkay for a quick look at how some of the structures and obligations on the river above the San Joaquin Valley influence “the law of the river.” NEXT: The lower river – once the river hits the valley, it’s spliced and diced through…

Rivers

Bakersfield has been derelict toward the public on the Kern River, group alleges

September 21, 2022

• by Lois Henry

Several public interest groups have issued a direct challenge to Bakersfield over the Kern River alleging the city has not lived up to its responsibilities to address the public trust. Water Audit California, an advocacy group based in Napa, sent a letter to the Bakersfield Water Resources Department July 27 demanding the city conduct a…

NEWS

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

Dead end river: Fish carcasses starting to pile up in stagnant pools at the Kern River’s western end

Judge leans toward dismissing some – but not key – actions in ongoing Kern River lawsuit

Judge limits Bakersfield’s take of Kern River water and orders all sides to the drawing board over fish flows

Historic fish flow ruling on the Kern River wasn’t intended to expand Bakersfield’s water rights, according to judge

Court to consider cutting water diversions out of Kern River

Putah Creek’s experience suggests getting water back in the Kern River could be a “slam dunk”

Merced Irrigation District sued over defunct fish ladder

VIDEO: The Kern River’s work starts long before it hits Bakersfield

Bakersfield has been derelict toward the public on the Kern River, group alleges

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