California Supreme Court Watch

Jul 16, 2025
Bring Back the Kern v. City of Bakersfield, S290840.

#25-242 Bring Back the Kern v. City of Bakersfield, S290840.  (F087503, F087549, F087558, F087560, F087702, F087487; 110 Cal.App.5th 322; Kern County Superior Court; BCV-22-103220.)  Petition for review after the Court of Appeal reversed orders in a civil action and remanded for further proceedings.  This case presents the following issue:  Does Article X, section 2 of the California Constitution require a court to consider whether a proposed water use is both “reasonable” and “beneficial” whenever it would direct or adjudicate a particular use of water, including when applying a water use statute that does not expressly incorporate the reasonable and beneficial determination?

Petition for review granted: 7/16/2025

Opening brief on the merits filed: 10/14/2025

See the Court of Appeal Opinion.