The Kern River Needs You
Support our fight at the California Supreme Court to restore water to the Mighty Kern
Kern River State Supreme Court Case: Background and History
The Kern Audubon Society, working with the local chapter of the Sierra Club and the Kern River Parkway Foundation, filed a lawsuit in local superior court asking the court to require the city of Bakersfield, which controls water that flows in the Kern River, to establish a minimum annual flow of water necessary to support animal life and the enjoyment of the people who use the river for recreation. A local judge, Judge Greg Pulskamp of Superior Court, issued a preliminary injunction that required the city of Bakersfield to keep a minimal flow of water in the river as it passes through the city. An appellate court in Fresno ruled that the judge erred. Now the Kern Audubon Society, along with the other parties, will take the case to the California Supreme Court for a final ruling. Estimated year for hearing: 2028.
One of the laws that guided Judge Pulskamp in reaching his decision is Section 5901 of the California Department of Fish and Wildlife Code. It states that fish populations must be maintained with sufficient water flow and protected from arbitrary reduction of water flow. The other legal item is a section found in the California State Constitution: Article 8, Section 2, better known as the Public Trust doctrine.
Background
The Kern River, with the nickname “The Mighty Kern”, begins at Mt. Whitney.
The headwater flows south, dividing into two branches (north and south). They both end up at Lake Isabella (its dam constructed in 1953) and operated by the Army Corps of Engineers.
The north fork is the larger of the two and provides excellent white-water rafting during the Spring runoff from Mt. Whitney.
From the dam, the water exits, to form the canyon portion of the Kern River. It flows down the Kern River Canyon (its pre-dam course).
After exiting the canyon, it flows towards the city of Bakersfield. However, before reaching the city, several weirs (dams) have been constructed to divert water from the river into canals for use by water districts formed by agricultural interests. So much water is diverted that water no longer reaches Bakersfield.
100% is gone. Only a riverbed of sand remains. No fish, few trees, and no recreational opportunities for the residents of the city. Only in rare wet years does the city allow excess water to flow through city.
In the convenience store at Meadows Field (the regional airport), there are T-shirts for sale with the motto: “Bakersfield: A riverbed runs through it.”
Section 5901
It requires that a city/or governmental agency that manages a river that can support a fish population must take all efforts to maintain conditions to support a survivable fish population. This requires that diversions of water from the river must be limited in volume as to not put the fish population in jeopardy of extinction. All river water supports a variety of life, from tadpoles, fish, beavers, bobcats to fish which are excellent food for birds, such as egrets. This is a mandate, a law from CDFW.
Public Trust Doctrine
The best way to interpret the Public Trust Doctrine is that one of the roles of government is to protect the natural resources that allow people to recreate in a river, from hiking to canoeing and bird watching. The people willingly give this trust to the government much like a bank is a trust for your money. Diverting water from the river is a violation of this trust. The city of Bakersfield has deprived us, the citizens, of the recreational activities that this river offers.
History
The Kern River, since the construction of Lake Isabella dam, has not always been described this way.
Beach Park, appropriately located along the river, got its name because in the 1950s and 1960s families could swim in the river here, along with kayaking/canoeing.
Residents then of Bakersfield, with only swamp coolers to ward off the high temperature at home, would escape the heat and have a picnic along the river.
Stewardship
It is our responsibility, as citizens, to be the stewards of wildlife and plants. This allows us to maintain a proper ecosystem that allows for the continuation of a riparian ecosystem along the river. Water is essential for this stewardship to work. It supports our variety of recreational activities. Flowing water also recharges the aquifer. It is the duty of the city to support us to reach these stewardship goals. We have entrusted the city to take on this responsibility.
What’s next
The KAS is participating in what is turning out to be a very protracted legal effort to restore the Kern River to its role as a vibrant river that supports ecosystems for plants and animals, along with recreational opportunities for Bakersfield’s residents.
Opposition is highly financed.
Water districts, financed by corporate farming interests, now take up to 100% of the water, leaving nothing for the people and animals. It is a protracted fight that has gone well beyond Judge Pulskamp’s decision and timeframe. It has also reduced the amount of money set aside to provide us with legal counsel.
To date, the Kern Audubon Society has donated $10,500 towards funding the case, along with $10,000 from Audubon California. The other parties (Sierra Club and the Kern Parkway Committee) have also contributed funds towards funding the group’s legal obligations.
What can you do?
Every voice matters. Every dollar counts. Here’s how you can help restore the Kern River.
Raise Your Voice
- Speak before the City Council—ask them to settle out of court and restore flow to the river.
- Write letters to the editor of The Bakersfield Californian or your city councilperson demanding action.
- Share on social media—post messages and photos on Facebook, TikTok and Instagram to spread awareness
- Attend events along the riverbed and at Beach Park to show your support in person.
Donate
Your tax-deductible donation directly funds the legal battle. Please specify “Kern River litigation” with your contribution.
Kern Audubon Society
P.O. Box 3581, Bakersfield CA 93385
Kern Parkway Foundation
P.O. Box 1602, Bakersfield CA 93302-1602
Kern Audubon Society has contributed $10,500 and Audubon California $10,000 toward the legal fight so far. Your donation makes a real difference.