Western Growers recently joined a coalition amicus brief filed with the California Supreme Court in Bring Back the Kern v. City of Bakersfield, a closely watched case addressing the intersection of fishery protection requirements and California’s constitutional reasonable use doctrine.

The case centers on Fish & Game Code section 5937, which requires dam operators to release sufficient water downstream to keep fish “in good condition.” The California Supreme Court is now considering whether courts must independently evaluate the constitutional reasonableness of court-ordered water uses under Article X, section 2 of the California Constitution, even when a statute directs a particular use of water.

Western Growers joined agricultural, business and water organizations in support of the water districts involved in the case. The coalition brief emphasizes that California’s water system is deeply interconnected, and that judicially mandated reallocations of surface water can have significant downstream impacts on groundwater sustainability, agricultural operations, and regional economies, particularly under the Sustainable Groundwater Management Act (SGMA).

The coalition urged the Court to recognize that any court-directed water allocation should account for the full hydrologic system and competing beneficial uses of water, including food production and groundwater sustainability.

The California Attorney General and Department of Fish and Wildlife filed a separate amicus brief supporting the plaintiffs, arguing that section 5937 reflects a legislative determination that fish-protective flows are presumptively reasonable and should generally be enforced as written unless shown to be manifestly unreasonable in a particular application.

The Court’s decision could have broad implications for future water allocation disputes throughout California and may significantly influence how courts balance environmental, agricultural and groundwater interests moving forward.

In addition to Western Growers, the following organizations signed onto the Amicus Brief:

California Chamber of Commerce

California Farm Bureau Federation

Kern County Farm Bureau

California Fresh Fruit Association

California Cotton Ginners and Growers Association

American Pistachio Growers

California Citrus Mutual

Western Tree Nut Association

Milk Producers Council

Westlands Water District

California Cattlemen’s Association

The amicus brief was authored by Douglas J. Evertz, Jennifer Riel McClure, and Emily L. Madueno with the Law Offices of Murphy & Evertz.