In a recent opinion, the Ninth Circuit Court of Appeals resolved a longstanding disagreement about the balancing required under Section 5937 of the California Fish & Game Code (“Section 5937”). Section 5937 requires that dam owners allow sufficient water to pass to keep fish “in good condition.” The Ninth Circuit’s ruling in San Luis Obispo Coastkeeper v. County of San Luis Obispo (Dec. 3, 2025, No. 24-7807) makes clear that Section 5937 does not categorically prioritize the preservation of fisheries over other beneficial uses of water, such as water supply for residential, agricultural, and municipal purposes.