Constitutional questions flow through Kern River case
Briefs and replies are piling up in the Kern River case pending review by the state Supreme Court. The court agreed to look at an appellate decision that tossed out an 2023 court order to keep water flowing in the river through Bakersfield. There are two central questions in this fray: Can a Fish and Game statute be applied as it’s written under the state constitution? And who has the burden to prove that either way?
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