Movement on the river

By LOIS HENRY, Californian columnist
July 22, 2009

We may be one step closer to getting water back in the Kern River.

The State Water Resources Control board has set a hearing for Oct. 26-28 to hear testimony and sift through evidence about whether as much as 120,000 acre feet of river water is up for grabs after a water district was found to have forfeited it in 2007.

The city has argued that the water is out there for the taking and they want it to run down the river.

Imagine! A river in our river bed!

“This is the first stage of a two-stage process,” said Florn Core, Bakersfield’s water resources director.

This hearing will be very technical as the city and several water districts argue the fine legal points of whether unappropriated water is truly available.

Core said he feels the city has a strong case because during a 12-year-long legal battle over this very water, several lower courts found it was available, but the final decision had to be made by the Water Resources Control board.

At least four water districts and the city of Shafter have argued there is no unappropriated water. They’ve also said if the board finds there is some water up for grabs, they should have it for homes and businesses and irrigation.

I agree with the city that the river, and the citizens, should get that water for recreation, to restore the natural habitat surrounding the river bed and to replenish the aquifer.

I’ve encouraged people to write to the board in support of the city’s position. This upcoming phase is much more technical than simply saying “I want a river!”

But it still couldn’t hurt to send a note reminding the hearing officer that A) you want any unappropriated water back in the river and B) you’re watching this process closely.

If — big IF — the officer rules there is available water, then we’ll need a full frontal assault in support of getting that water back into the river. That’s still a ways down the road.

For now, keep your powder dry and cross your fingers.

SUPPORT THE RIVER!

If you’d like to send a comment in support of the city of Bakersfield’s petition and application write to:
State Water Resources Control Board
Division of Water Rights
RE: Kern River
1001 I Street, 14th Floor
P.O. Box 2000
Sacramento, CA 95812-2000
High points to hit:
State your support for Bakersfield’s position that there is unappropriated water in the Kern and that it should be run down the river to:
• Ensure Kern River water stays in Kern County.
• Protect and maintain the quality of our drinking water.
• Preserve river habitat.
• Enhance recreational opportunities.