5th District Court of Appeal hears arguments over Kern River flows
Justices with the 5th District Court of Appeal peppered attorneys with questions about the application of state water law and the fight over Kern River flows during arguments in Fresno on Thursday. How the 5th District rules on this appeal could have far-reaching effects on river conservation efforts throughout California as it involves California Fish and Game Code 5937. That code states dam owners must keep enough water downstream to keep fish in good condition. It was the linchpin in restoring other California rivers, including the San Joaquin River in Fresno County. And 5937 is the underpinning of a preliminary injunction and implementation order issued in late fall 2023 by Kern County Superior Court Gregory Pulskamp that mandated the City of Bakersfield keep enough water in the river through town for fish.