Santa Clara County water district bans camping along most waterways

Santa Clara County water officials approve ban on encampments near waterways

SAN JOSE — Following a vote held by the Santa Clara Valley Water District, camping will no longer be allowed near most waterways countywide.

It will affect the multiple encampments that stretch along creeks, rivers, and streams in Santa Clara County, including Coyote Creek.

"People tend to go to waterways because it's more private," Rico, who has been living next to Coyote Creek for four years, said.

Problems have arisen and worsened at encampments near waterways, according to the Santa Clara Valley Water District. Workers said they've been assaulted, sharing examples of being attacked with a machete and having asphalt chunks thrown at them.

Staff also said water quality and surrounding environments are being harmed from trash, human waste and debris.

"We are truly committed and will continue to work with our partners in assisting in the efforts to find solutions for shelter and services. However, we've got to start somewhere. And this ordinance is a place for Valley Water to start," Rick Callender, Santa Clara Valley Water District CEO, said during Tuesdays meeting.

The approved ordinance allows enforcement in Water Resources Protection Zones (WRPZ), which are all areas where Valley Water owns property, has an easement, or provides maintenance.

The ordinance allows the following procedure to take place if there is an encampment in a WRPZ.

"A good faith attempt" to connect individuals to social services

Providing information on the ordinance, including resources for identifying WRPZ

Requesting to relocate the individuals living at the encampment

If these steps are taken and people do not leave an encampment, a 72-hour notice will be issued before the area is cleared.

If someone is still unwilling to leave an encampment following a 72-hour notice, they can be charged with a misdemeanor. The charge would lead to either a fine of up to $500 or community service.

Homeless advocates, including Shaunn Cartwright, have argued for months that the ordinance criminalizes unhoused individuals.

"The plan should not go into effect for a year. People have nowhere to go, and you know that," Cartwright said at Tuesday's board meeting. 

Back at the Coyote Creek encampment, Rico looked at shopping carts, empty bottles and trash around the creek.

"Some of it may be from the homeless, but there's so many other sources," Rico said. 

He told KPIX he has witnessed non-campers dumping trash into Coyote Creek. 

"We're a scapegoat. They pretty much ignore us until they say we're a problem."

Cassara, who also lives at the encampment, said she hasn't had any luck working with specialists to find housing for the past year. 

She's both hopeful and anxious for the months ahead. 

"When you have trash, I understand it's very unsanitary for everyone. But I feel if we had more structure in the encampments, then everyone will be able to participate (and help). It's not safe for anyone to be out here. I understand that. But where are we going to go?" she said. "I don't even know where I'm going to go."

The ordinance will be effective in 30 days.

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