BAKERSFIELD, Calif. (KERO) \u2014 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.<\/p>\n
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. <\/p>\n
In 2023, a judge ordered Bakersfield to keep water flowing in the Kern River. <\/p>\n
The city and several agricultural water districts challenged that order, arguing courts must also consider the state Constitution’s rules for reasonable water use. <\/p>\n
An appeals court overturned the original ruling, bringing the matter to California’s highest court, which heard arguments Wednesday, Oct. 7.<\/p>\n
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.<\/p>\n
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.<\/p>\n
“There’s gotta be a way to allow for water for drinking and for communities and for agricultural. We need both, right?” Bray said.<\/p>\n
For Isabel Stierle, a retired Bakersfield College biology professor, the case carries stakes that go beyond the courtroom.<\/p>\n
“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.<\/p>\n
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.<\/p>\n
Bray sees the stakes extending far beyond the Kern River.<\/p>\n
“I think the battle for water will be the biggest battle in California this century,” Bray said.<\/p>\n
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.<\/p>\n
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