… In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate District considered the interaction between the Fish and Game Code’s requirements for water to keep fish in good condition one the one hand, and the California Constitution’s mandate that water be put to reasonable and beneficial use on the other. … In Bring Back the Kern, et al. v. City of Bakersfield, a group of environmental plaintiffs sued the City, arguing operation of the weirs violated Fish and Game Code section 5937, which requires that a dam owner or operator “allow sufficient water at all times to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.” … The trial court granted the injunction. … The Court of Appeal reversed, holding that courts “must always consider reasonableness whenever [they] would direct or adjudicate a particular use of water, even when applying statues that do not expressly incorporate a reasonableness determination.”