TheBakersfieldCalifornian.com

hirty-six years is a long time to wait.

Too long.

Which is why Rich O'Neil was ecstatic, as was I, to see the city of Bakersfield's latest move toward getting water back in the Kern River.

Wednesday night, the City Council approved spending $600,000 on a wide ranging environmental impact report that will look at a variety of ways to get water in that dry gully that cuts through the heart of town.

If this sounds like a minor turn of the screw, it isn't.

A properly done EIR will put the city in an excellent position on several fronts.

First, an EIR will be required anyway by the State Water Resources Control Board as it processes the city's, and others', applications for water that was forfeited by a local agricultural water district several years ago.

Background break:

That forfeited water, estimated at 50,000 acre feet or more per year, popped up after a lengthy lawsuit between two ag districts. In 2007, a court deemed the water no longer belonged to one of the districts but said the state board would have to determine who, if anyone, could lay claim to it.

As soon as that happened, the city of Bakersfield, North Kern Water Storage District in conjunction with the City of Shafter, Buena Vista Water Storage

District, Kern County Water Agency and the Kern Water Bank all applied to the state board for the forfeited water.

The city of Bakersfield was the only entity that vowed to run the water down the river.

All the rest said it would go for ag or urban uses.

The state board is now processing those applications to make sure they're in order. Once that's done, they'll put out a public notice that the applications have been accepted and that starts a 60-day period when the public and other agencies can comment on the applications.

I'll let you know when and where to write to support the city's application, but this could take a while as the state likely won't start its review process until the end of the year. So, hold tight.

The EIR approved Wednesday night also gets the ball rolling on other water the city is considering for the river.

This is the so-called 2012 water.

More background:

In 1976 the city floated a bond to purchase river rights from Tenneco West. To pay for the bond, it entered into 35-year contracts with several ag districts to sell them 70,000 acre feet a year for $20 an acre foot.

Those contracts expire Dec. 31, 2011, thus freeing up the water in 2012, and the city has alerted the districts they will likely need all that water to run down the river and for treatment plants to accommodate city growth.

The districts, including North Kern, Cawelo Water District and Kern-Tulare Water District, were stunned by what they said was the city's sudden about face on this water, saying they had thought they had 10 to 15 years to find alternate sources, not 10 to 15 months.

They demanded the city provide a detailed EIR evaluating the impacts of their plan.

OK. Will do!

"This EIR doesn't preclude the possible negotiation of the sale of water further down the river channel," City Councilman David Couch said. "It simply evaluates all the the environmental consequences of running the water down the river."

One of the consequences would be that our seriously depleted aquifer would be recharged, a benefit to everyone, including farmers who rely on groundwater.

"When some agricultural districts are looking to sell water out of the city, the city is looking to keep water here for the benefit of all residents," Couch said. "This EIR is one part of the process to keep that water here."

And the really cool thing about this EIR is that this is where you and I and any other citizen can finally have a say.

The city will hold "scoping" meetings to solicit ideas from the public about what the EIR should look at.

City Water Resources Manager Art Chianello said the scoping meetings will likely begin at the start of next year.

They will schedule them during the day and at night to accommodate as many people as possible.

"We want as much feedback from the public as we can get," he said.

This process is far beyond wishing and hoping for a river. It's the real deal, Chianello affirmed.

And it's what Rich O'Neil has been waiting 36 years for, ever since he helped create the Kern River Parkway Committee in 1974.

Back then, citizens looked at the ditch through town that had once been a vibrant river lush with trees and dreamed of getting at least some of it back.

They did what they could and now, thanks to them, we have the wonderful Kern River Parkway, or bike path to us oldtimers.

But their hopes for water in the river stalled.

"We said, 'Wow! The city is buying river rights and all the river bed land,'" he said. They thought the water would come flowing shortly afterward.

"I can't believe 36 years has gone by."

Let's not let another 36 slip past.

It's time to take our river back.

Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her column appears Wednesdays and Sundays. Comment at www.bakersfield.com , call her at 395-7373 or e-mail lhenry@bakersfield.com