California’s Kern River Flow Order Reversed by Appeals Panel

A California appeals court reversed a district court’s order to keep enough water flowing through the Kern River that fish near the City of Bakersfield would remain healthy, finding the trial judge failed to decide whether the use was “reasonable.”

When the Kern River ran “chronically dry,” environmental groups including Bring Back the Kern, Water Audit California, and the Sierra Club, alleged officials in the City of Bakersfield were violating a state law that requires entities controlling the flow of water to release enough for fish.

Using water to keep fish healthy is often reasonable, Judge Mark W. Snauffer wrote ...