Six environmental groups sued the city of Bakersfield, saying that continuing to allow diversions of water upstream from the city harms the environment and the community.
Conservation groups are going to court to try to bring back a flowing river in Bakersfield, where for years so much water has been diverted in canals to supply farms that the Kern River is usually reduced to a dry, sandy riverbed.
Plaintiffs argue that allowing water diversions to dry up the river violates California’s public trust doctrine, the principle that certain natural resources must be preserved for the public. Last year, activists with Bring Back the Kern and other groups sought to secure water for the river as the State Water Resources Control Board considered a longstanding. But a state-appointed hearing officer has declined to consider the public trust doctrine at this time.
“All they have to do is divert the water down closer to the valley floor and not divert it up above the city,” Keats said. “That’s a very feasible change that the city can do.” Colin Pearce, a lawyer representing Bakersfield, said the city will not comment on the case at this time. Representatives of agricultural water districts either declined to speak about the case or didn’t reply to emails.
Since 1976, the city has owned multiple weirs along the Kern River and has been in charge of administering water diversions. Some water is used in the city, but much of it goes to supply agriculture.
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