On March 20, a hearing was held at the 5th District Court of Appeals in Fresno, where attorneys presented arguments to Judges Detjen, Peña Jr., and Snauffer regarding the preliminary injunction issued in 2023.

The case centers on water flow rates along the Kern River Parkway and the distribution of water resources in Bakersfield.

Brett Stroud, representing the North Kern Water District, argued that the primary issue is balancing the test for water flow rates. He claimed that overturning the injunction would not cause “irreparable harm” to fish and ecosystems dependent on the Kern River. Stroud emphasized that all water uses should be considered equally.

Nathan Metcalf, representing the J.G. Boswell Company, warned that restoring water to the Kern River could flood farmland owned by his client. He clarified that his client does not oppose Fish and Game Code 5937, which mandates water releases to sustain ecosystems, but rather disagrees with how the Kern County Superior Court applied the injunction.

“A balancing test needs to be in place when proper flows are consistent,” Metcalf argued.

Adam Keats, representing the plaintiffs Bring Back the Kern and other environmental groups, countered that under Section 5937, “fish receive the water first.”

Collin Pearce, representing the City of Bakersfield, maintained that the city is caught in the middle of the dispute. “You don’t favor one thing or another—you protect and prioritize water for the people first,” he stated, disputing Keats’ claim. Pearce also argued that Fish and Game Code 5937 is not “absolute.”

William McKinnon, representing the California Water Audit and supporting the injunction, highlighted the long-standing drought in the river. “It’s been over 100 years since the fish have had no water. We have had a dry riverbed for a century—we are required to put water back there,” he asserted.

The judges did not issue a ruling but placed the case under submission. A trial is scheduled for December 8, 2025.