California Attorney General Rob Bonta and the California Department of Fish and Wildlife have filed an amicus brief with the California Court of Appeal, Fifth Appellate District. The brief supports environmental plaintiffs in the case Bring Back the Kern v. City of Bakersfield. This follows a preliminary injunction granted last year that required Bakersfield to stop drying up the Kern River, as it was found to violate California Fish and Game Code section 5937.
The injunction mandates that dam owners release enough water below dams to maintain fish populations in "good condition." However, some agricultural water districts affected by Bakersfield's diversions from the Kern River appealed this decision. They argued that the trial court misinterpreted Section 5937 and claimed that periodic complete drainage of river sections should be allowed.
The impact of these decisions was highlighted recently when all flows from the Kern River were diverted before Labor Day, resulting in mass fish deaths. Attorney General Bonta stated, "California’s waterways and ecosystems are the lifeblood of our state’s rich and diverse wildlife and natural habitats." He emphasized that diverting all water away leaves a dry wasteland detrimental to fish populations.
Chuck Bonham, Director of the California Department of Fish and Wildlife, noted, "Conserving and protecting our fish and wildlife...is of vital importance to the people of California." He stressed that not providing enough downstream water violates state law and could affect future protections for vulnerable populations.
In their brief, Attorney General Bonta underlined Section 5937's role in safeguarding waterways and wildlife. It argues for compliance with releasing sufficient flows below Bakersfield's six dams. Concerns about available water supply are suggested to be addressed during injunctive proceedings when specific flow amounts will be determined pending final judgment.