How Long Until the Kern River Is Free?

Credit: John Shelton

For decades, much of the Kern River has run dry as it passes through the City of Bakersfield—diverted before it can reach the heart of the community that grew around it. Now, a historic lawsuit seeking to restore water to the river has reached a critical moment. 

A Major Case—Temporarily Delayed 

The core legal case to restore flows in the Kern River is currently paused while the California Supreme Court reviews a controversial appellate ruling. Earlier, the trial court ordered the City of Bakersfield to keep enough water flowing in the Kern River to maintain fish in “good condition,” as required by California Fish and Game Code §5937—a critical law that protects rivers and aquatic life downstream of dams and diversions. 

However, the Court of Appeals later overturned that order, allowing the river to run dry again through the city. That decision is now under review by the California Supreme Court, which will determine whether the appellate ruling was wrongly decided and whether the river’s legal protections will be upheld. 

Friends of the River Steps In 

Friends of the River is proud to support this effort by providing expert technical assistance to Bring Back the Kern, one of the plaintiffs leading the case. In addition, Friends of the River plans to submit an amicus brief—also known as a “friend of the court” brief—urging the California Supreme Court to overturn the appellate decision and restore protections for the river. This legal fight could set an important precedent—not just for the Kern River, but for rivers across California that have been deprived of the flows needed to sustain fish, wildlife, and healthy ecosystems. 

A Voice From the Community 

While the legal process continues, longtime Kern River advocate Rich O’Neil is calling on the City of Bakersfield to act now. Rich has spent more than 50 years working to restore the river and was instrumental in the creation of the Kern River Parkway and Bikeway—helping ensure the river corridor remained a cherished public space even when the water disappeared. 

In a powerful letter recently published in the Bakersfield Californian, Rich urges city leaders to restore flows to the river without waiting for the courts. He also personally delivered the letter to every member of the Bakersfield City Council, reinforcing a simple truth: restoring the Kern River is not just a legal obligation—it’s a moral and community responsibility. 

 👉 Click here to read Rich O’Neil’s letter. Click here to read the letter. 

What Comes Next 

The California Supreme Court’s decision will shape the future of the Kern River and could reaffirm California’s longstanding legal requirement to protect rivers and fisheries. Restoring flows through Bakersfield would bring life back to the river—supporting fish, wildlife, recreation, and reconnecting the community with its natural heritage. Friends of the River will continue to stand alongside our partners and the Kern River community until the river flows free again. 

Because every river deserves to flow—and every community deserves a living river.