Since 2016 · California’s rivers
California’s fish and rivers belong to the public. Water Audit California acts as an advocate and private attorney general to protect and restore public trust resources for the benefit of all Californians.
Sources: About Water Audit CaliforniaPrivate attorney general standing upheld, 2025
Follow the water
Chapter 1 · The law
“The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.”
Chapter 2 · When the water stops
In September 2024, Bakersfield cut the Kern River’s flow to work on a weir. Within days fish were dying en masse, and the state opened an investigation. By September 12 the river through town was dry and thousands of fish lay dead.
Sources: SJV Water, Sep 6, 2024KGET 17, Sep 12, 2024WAC post
“It’s dry. It’s dead. It’s derelict. It’s a blight on the community instead of what it should be.”
“For decades, residents of Bakersfield have lived with a river that’s little more than a channel of dust.”
“Even a short interruption in water flow can eliminate a fishery.”
“California’s waterways and ecosystems are the lifeblood of our state’s rich and diverse wildlife and natural habitats.”
Chapter 3 · The case file
Each matter below links to its court papers, Water Audit’s posts, and the reporting on it. Open one to see the timeline.
StatusArgued before the California Supreme Court on Oct 7, 2026. A 2023 order that kept 40% of the river’s flow for fish was reversed on appeal; the decision is pending.
Status sources: Courthouse News Service (WAC)The Bakersfield Californian (WAC)Court filing (PDF) (WAC)
Six groups, Water Audit California among them, sued to make the city leave enough water below its weirs to keep fish in good condition, as § 5937 requires.
Los Angeles Times (WAC)Court filing (PDF) (WAC)The question before the Supreme CourtDoes 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?
Supreme Court of California (WAC, PDF)
StatusThe Court of Appeal reversed the dismissal and sent the case back to trial on reopening the fish ladder.
Status sources: Court filing (PDF) (WAC)
The fish ladder on the 1910 Crocker-Huffman Dam has been closed since about 1972, cutting Central Valley steelhead off from upstream spawning grounds.
WAC postResultConstruction of a fish ladder at Hemphill Dam and settlement on bypass opened six miles of habitat for native and migrating fish.
Result sources: WAC postWAC post
The eight-foot Hemphill Dam blocked migratory fish from prime spawning habitat in Auburn Ravine.
WAC postStatusFiled Jul 27, 2026; pending in Napa County Superior Court.
Status sources: Napa Valley Register (WAC)
The county approved the hotel without well tests showing whether its groundwater pumping affects the nearby Napa River.
Napa Valley Register (WAC)StatusFiled Oct 2025; amended to challenge the county’s planning practices; pending.
Status sources: Napa Valley Register (WAC)
At issue is whether the winery’s groundwater pumping could sap Conn Creek and harm fish.
Napa Valley Register (WAC)ResultSettlement adds well-reporting conditions to the winery’s permit, with the data to be posted on a county website.
Result sources: Napa Valley Register (WAC)
Water Audit appealed the winery’s expansion, saying the county had not made sure its well pumping isn’t hurting Dry Creek.
Napa Valley Register (WAC)ResultThe winery agreed to monitor Nash Creek and its water use; its well and reservoir use is now public on the Stream Deck.
Result sources: The Press Democrat (WAC)
The winery and Water Audit agreed to study Nash Creek, a tributary of the upper Napa River, and to monitor water use.
Wine Industry Advisor (WAC)The Press Democrat (WAC)StatusFiled Jun 1, 2021 in Napa County Superior Court; no ruling reported on waterauditca.org.
Status sources: WAC post
Water Audit sued for negligent breach of trustee duties, asking the county to oversee groundwater pumping that can keep water from reaching the river in dry months.
Napa Valley Register (WAC)WAC postResultSt. Helena agreed to measure its wells and stream flows every month and publish a public summary.
Result sources: Napa Valley Register (WAC)
Water Audit pressed the city to account for its wells and well permits before approving more pumping.
Napa Valley Register (WAC)WAC postResultSettlement: Lake Marie dam releases water for fish in Camille Creek for the first time in more than a century.
Result sources: Napa Valley Register (WAC)WAC post
Lake Marie, one of California’s oldest jurisdictional dams, will release water for fish in Camille Creek under § 5937.
WAC postNapa Valley Register (WAC)ResultUpper York Creek Dam removed in 2020, reconnecting two miles of steelhead habitat blocked for over a century.
Result sources: WAC post
In 1993 the city agreed to a court order to remove the dam. In 2017 it was still standing.
Napa Valley Register (WAC)ResultBypass flows secured at Rector Dam, and the reservoir is now monitored.
Result sources: WAC postNapa Valley Register (WAC)
The reservoir supplies Yountville and the Veterans Home of California. Water Audit sued to curb its diversions and protect fish.
Napa Valley Register (WAC)ResultSt. Helena agreed to bypass more water into Bell Creek and to measure what it diverts.
Result sources: Napa Valley Register (WAC)
The suit said the city diverted more than state limits allow and never installed the flow monitoring the state requires.
Napa Valley Register (WAC)ResultBypass flows secured at Kimball Dam; in 2020 Water Audit said the city had not finished its promised stream study.
Result sources: WAC postNapa Valley Register (WAC)
Brought by Grant Reynolds, now a director of Water Audit California, over the city’s Kimball Dam. The litigation dates back to 2008.
Napa Valley Register (WAC)Chapter 4 · “We manage what we measure”
The Stream Deck gathers readings from USGS, the National Weather Service, Napa County, and partners, so anyone can see what a creek is doing today.
The winery publishes its reservoir production, well 1, well 2 on the Stream Deck, under its Nash Creek accord.
From the Stream Deck database, as of this build (Nov 10, 3:45 PM PT). Values are the latest reading from each gage; the line is the daily mean for the last 120 days, with rare sensor spikes clipped. Levels are local gage stage, not depth.
Chapter 5 · The river log
As reported by SJV Water, Napa Valley Register, KGET 17, Courthouse News Service, KBAK/FOX58 Bakersfield Now, Los Angeles Times, 23ABC Bakersfield, Maven’s Notebook, The Bakersfield Californian, California WaterBlog, Supreme Court of California, The New York Times, California Attorney General, California Globe, Center for Biological Diversity, Congressional Record, Daily Mail, EcoPortal, KVPR, Napa Vision 2050, Office of the Governor, SFGATE, San Francisco Chronicle, San Joaquin Valley Sun, The Fresno Bee, The Press Democrat, U.S. Army Corps of Engineers, UC Berkeley News, Western City, Wine Industry Advisor, Winters Express, YouTube
The oldest record here is from Mar 29, 2010: “Amicus Brief of California Attorney Jerry Brown in defense of the public trust”. The work goes on.
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