Blog: Court of appeal reverses preliminary injunction in Kern River “fish flow” lawsuit
On April 2, 2025, the Fifth District Court of Appeal issued its Opinion in Bring Back the Kern v. City of Bakersfield, Case No. F087487, reversing the Kern County Superior Court’s preliminary injunction and related implementation order. In November 2023, the trial court issued the injunction, based on Fish and Game Code section 5937, but directed the parties to work together to establish what flow rates are necessary to comply with the injunction; four days later, the trial court issued the implementation order, approving the flow regime to which the Plaintiffs and Defendant (but not the various irrigation districts and Kern County Water Agency that are named as Real Parties in Interest) stipulated. The appellate court held the trial court erred by failing to consider whether the uses of water under the flow regime were reasonable, by requiring Plaintiffs to post only a nominal bond, and by violating the Real Parties’ due process rights.