BAKERSFIELD, Calif. (KERO) — California's Supreme Court heard arguments Wednesday, Oct. 7 in a case that could reshape how the state balances protecting fish in the Kern River with other water needs.
The case is called Bring Back the Kern v. City of Bakersfield. It centers on a state law requiring enough water below dams to keep fish in good condition.
In 2023, a judge ordered Bakersfield to keep water flowing in the Kern River.
The city and several agricultural water districts challenged that order, arguing courts must also consider the state Constitution's rules for reasonable water use.
An appeals court overturned the original ruling, bringing the matter to California's highest court, which heard arguments Wednesday, Oct. 7.
23ABC reached out to the city, and officials say they do not comment on active litigation. We also called the City Attorney's Office for comment but have not received a response.
As arguments unfolded, community members gathered at Dagny's Coffee Co., where Bring Back the Kern hosted a watch party so residents could follow the proceedings on TV together. Gary Bray, president of the Kern River Fly Fishing Club, was among those in attendance.
"There's gotta be a way to allow for water for drinking and for communities and for agricultural. We need both, right?" Bray said.
For Isabel Stierle, a retired Bakersfield College biology professor, the case carries stakes that go beyond the courtroom.
"How we treat the natural setting also reflects how we sometimes treat each other. We need to think about keeping things alive and keeping the river flowing," Stierle said.
The justices are deciding how constitutional water-use rules apply when courts enforce the fish-protection law. The decision could affect similar cases across California.
Bray sees the stakes extending far beyond the Kern River.
"I think the battle for water will be the biggest battle in California this century," Bray said.
The justices have not yet ruled. Their decision could shape how courts protect fish flows when cities, farms and other water users all need that same water.
Stay in Touch with Us Anytime, Anywhere:
