BAKERSFIELD, Calif.— The California Supreme Court has granted review of the Kern River water diversions case and will decide whether to uphold a lower court order requiring the city of Bakersfield to keep sufficient water in the river to protect fish.

The Supreme Court review was requested by a coalition of environmental groups challenging the water diversions, which have drained the Kern River and killed thousands of fish to supply water for agriculture.

“I’m hopeful that the state’s highest court will recognize that Kern River water is a public asset that shouldn’t be monopolized, so corporate agricultural water users need to leave something for fish and people downstream,” said John Buse, a senior counsel at Center for Biological Diversity. “These water diversions have killed fish, while robbing recreational opportunities from community members who want a healthy river.”

In 2023 a court sided with environmentalists, who sought a preliminary injunction to stop the city of Bakersfield and water districts from diverting Kern River water. The ruling prohibited the city from reducing river flows below the volume that would maintain good conditions for fish.

Agricultural water users appealed and an appeals court issued a stay on the injunction, ultimately ruling in favor of the water users. Despite this setback, the case is still proceeding in Kern County Superior Court, but the Supreme Court’s decision to review the appeals court’s ruling means that the earlier injunction could be restored. Attorney General Rob Bonta supported the environmentalists’ arguments in the lawsuit challenging the diversions.

A coalition of environmental groups including the Center, Bring Back the Kern, The Kern River Parkway Foundation, Kern-Kaweah Chapter Sierra Club, Water Audit California and Kern Audubon Society filed a petition asking the California Supreme Court to review the case. The state’s highest court typically grants review for a small fraction of cases.

The coalition argues that Kern River diversions violate California’s fish and wildlife laws, as well as the public trust doctrine, a legal principle that requires government agencies to protect public resources for the public good.

“We are very encouraged by the Supreme Court’s decision to hear Bring Back the Kern’s case,” said Kelly Damian, spokesperson for Bring Back the Kern. “This shows us that people outside Kern County see the urgency in this issue. It is validating to know that the problem of our dry river is being taken seriously by the highest court in the state.”