Santa Clara Valley Water’s encampment ban along waterways goes into effect

By: Eliot Pierce

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With the new encampment ban from the Santa Clara Valley Water District taking effect, residents in encampments near San Jose rivers, creeks, and waterways are on notice and may be told to leave right away.

Water officials said they may not enforce the rule just yet, despite the fact that the prohibition is intended to address environmental and public safety risks.

For the past three years, Anna Garcie, an unhoused resident of the South Bay, has made her home along a section of Coyote Creek.

“So the red thing is my shower,” Garcia told them, pointing to her tiny camp. “And then that’s my tent, that’s where I sleep, under the other gray tarp.”

She has since lost her dog and learned to coexist with the 30 to 40 other people who live in the improvised tent community beside the creek.

“For a lot of us, this is all we have,” she continued. “All we have is this. Where will we go if you people decide to expel us? How will we survive?”

With the new resource protection ordinance from Valley Water, that question is now looming.

Garcia stated, “I just know that they’re, starting today, gonna kick everybody out,” in reference to the reports that the encampment would be cleared.

Valley Water’s Good Neighbor Program employs Mark Bilski. According to him, the objective is not always to remove people but rather to address so-called “high-priority problems” like as encampments with violent occurrences or significant environmental impacts from vehicles, hazardous waste, or an abundance of trash.

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“Trash dumping, or the discharge of debris, or hazardous materials into the waterway,” stated Bilski. “That’s something we just can’t allow to happen or continue in any way.”

To put it another way, the homeless must maintain tidy and compact encampments.

“If people are able to adhere to the guidelines, for the most part, then Valley Water is willing to focus our enforcement efforts elsewhere, on the worst impacts, trying to prevent those,” Bilski stated.

That sort of selective enforcement could provide a reprieve for Garcia and the other people living alongside Coyote Creek.

“That would be good, because there’s a lot of us out here not causing an impact,” Garcia said of the plan to work with campers. “We don’t throw anything into the creek.”

Although Garcia acknowledges others don’t, she says she makes a concerted effort to keep her place tidy. Those who do not reside in the campground also cause issues.

She said, “Other people come and throw garbage,” “For example, I’ve had people drop trash in that very spot. Like, would I be considered high priority or low prior priority?”

Who will be held responsible for the trash along the waterways is just one question.

“What I don’t get is how they’re going to kick us out if they don’t have anywhere for us to go,” Garcia said.

Valley Water acknowledges the lack of available housing and that’s why they’re hoping for a kind of working relationship with those on the land while they wait for more places to put more people.

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“Right now, there’s just nowhere for people to go,” Bilski agreed. “What we’re hoping is that our enforcement of our ordinance will ramp up in tandem with housing and shelter coming online. So that when people are removed from waterways, they’re going into housing. Interim housing, or even better, permanent housing.”

That means the wait for housing will likely continue for those already in line, like Garcia.

“I’ve been on the waitlist for like a year and a half already,” she said. “So I don’t think I’ll get housing. But that’s just me. I don’t know.”

So the new ordinance going into effect marks the start of a kind of negotiation as the water department, the city, and all of the people living in these spaces began to sort out what is highly problematic, what is not, and ultimately, what the future holds for the people now living along the creeks of San Jose.

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