Restore Flow to the Dried-up Lower Kern River

Kern River | Photo by Bring Back the Kern

The Lower Kern River, one of the great rivers of California’s Sierra Nevada, has long been disregarded as a living ecosystem and public resource. Water diversions, primarily for agriculture, consistently dry up the lower 25 miles of the river. The river’s dry condition has shrunk sensitive riparian habitat, killed fisheries, contributed to a rapidly falling groundwater aquifer and deprived Bakersfield (a city of 500,000 people) access to the recreation and respite provided by a living river. Contrary to California law, water users in the Kern watershed assert that their water rights do not come with any obligations to keep water in the river.

The California State Water Resources Control Board is currently holding a water rights hearing for the Kern River, a rare opportunity where the top decision-makers in California water are giving attention to this long-neglected river. The Board must act now to address the issues on the Kern River by initiating an additional hearing to determine how to restore flowing water to this desiccated river. Long delays between State Water Board proceedings, requirements imposed by California’s groundwater sustainability law and the stresses from increasingly severe droughts only increase the urgency of fixing the Kern River now.

Please urge the State Water Board to hold a hearing focused on the flow needs of the Kern River to ensure that the river can be healthy and flow again.

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Chair, State Water Board

Joaquin

Esquivel

State Water Board

Vice Chair

Dorene

D'Adamo

State Water Board

Board Member

Sean

Maguire

State Water Board

Board Member

Laurel

Firestone

State Water Board

Board Member

Nichole

Morgan

State Water Board

Dear {contact_data~salutation}

It is the responsibility of the State Water Board to enforce laws that are being broken on the Kern River. The lack of water in the river is hurting the 500,000 residents of Bakersfield, California. A large portion of the city’s population is classified as disadvantaged, with neighborhoods adjacent to the dry river consisting of low income and minority communities. The river being perennially dried up by agricultural diversions is inconsistent with the public trust doctrine and California Fish and Game Code.

Ensuring that the Kern River has adequate flows year-round will support goals to reach groundwater sustainability, restore habitat of sensitive, threatened and endangered species, build climate resiliency in the San Joaquin Valley and address the Board’s racial equity priorities for affected communities near the Kern River. Frustrated residents have reached their breaking point and the dire situation has led the Lower Kern River to be listed as one of America’s Most Endangered Rivers® of 2022.

The ongoing water rights hearing for the Kern River presents an opportunity for closely investigating the water rights on the Kern River— setting the stage for making necessary adjustments to water rights to account for the needs of the river and local communities. The Board must initiate a separate hearing focused solely on the needs of the river and enforce healthy flow requirements on the Kern. To do so will clearly communicate that the State Water Board is committed to addressing critical needs of local communities and making progress towards fixing past abuses that still persist today.

Sincerely,

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