TheBakersfieldCalifornian.com

BY LOIS HENRY

Californian columnist

lhenry@bakersfield.com

The city of Bakersfield met Wednesday with two local ag districts seeking to mediate a local solution on the Kern River and the big news was that no one stormed out of the room.

City representatives met with officials from North Kern Water Storage District and Kern Delta Water Storage District all day under the guidance of attorney George Martin, who acted as the mediator.

"I think we're making good progress," Martin said. "Really, I never would have expected it to go this well. You would have been shocked."

He wouldn't say exactly what was discussed or the positions either side presented, citing confidentiality agreements among all parties.

Councilman David Couch, who was in on the discussions, was similarly pleased with how well both sides worked together.

"All parties gained greater insight into each other's concerns," he said, calling the process thus far "extremely" positive. "I know that sounds like a standard, bland response. But it's actually true."

None of the parties was allowed to bring attorneys.

The ag districts asked to talk with the city after losing a bid to keep the Kern River from being declared "not fully appropriated" by the State Water Resources Control Board.

North Kern and Kern Delta fought a sharp legal battle over the last 15 years that resulted in Kern Delta forfeiting 50,000 acre feet a year of its Kern River water rights.

Whether that water is truly available and who should get it is now in the hands of the state board.

North Kern, the city and three other ag districts -- Buena Vista Water Storage District, Kern Water Bank and Kern County Water Agency -- all applied for the water. Rosedale Rio-Bravo Water Storage District has applied for flood waters the state deemed unappropriated but not for the forfeited water.

The city has pledged to run the water down the Kern River channel.

All the ag districts, except Rosedale, have since teamed up to fight against the state board's involvement and oppose the city's stance that there is water available.

Now, North Kern and Kern Delta want to work with the city to find a local solution. Even if those three parties came to agreement, however, they would have to get all the other water districts to come on board and withdraw their applications.

The state board would also still have ultimate jurisdiction over how the water would be used and who would control it.

The city will meet again with the ag districts on Tuesday.