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Introduction, Bring Back the Kern v. City of Bakersfield
The California Court of Appeal’s recent decision in Bring Back the Kern v. City of Bakersfield, 2025 WL 984395 (BBK), provides an instructive lens for understanding the evolving interplay between surface water diversions and groundwater regulation under the Sustainable Groundwater Management Act (SGMA). Although BBK was not decided specifically on SGMA grounds—focusing instead on Fish and Game Code § 5937 and constitutional reasonable use principles—it has significant implications for Groundwater Sustainability Agencies (GSAs) as they implement Groundwater Sustainability Plans (GSPs). Bring Back the Kern v. City of Bakersfield notably underscores the constitutional requirement of reasonableness, which must inform all water uses, including groundwater recharge. This article explores Bring Back the Kern v. City of Bakersfield’s key holdings and analyzes their potential impact on future groundwater management strategies under SGMA. …
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