This project supports Valley Water’s independent efforts and ongoing coordination with local cities and agencies to clean up trash, debris and hazardous pollutants generated by encampments near waterways or on Valley Water property. Such encampments contribute to contamination of waterways and damage to Valley Water facilities. This project includes cooperative efforts to partner with local municipalities and other agencies for services related to encampment cleanups and to help provide alternatives to homelessness.
This project will also provide funding for local municipalities’ services supporting staff safety as they work around encampments and discouraging re-encampments along waterways.
Fiscal Year FY25 through Quarter 2 (July 1, 2024 – December 31, 2024)
- Valley Water managed approximately 2,981.28 acres and removed approximately 558.82 tons of trash, debris, and hazardous pollutants generated from encampments to reduce the amount of these pollutants entering streams.
- In FY25 through Q2, Valley Water provided $104,825 to San José Police Department’s Secondary Employment Program to support staff safety during encampment cleanups.
- Valley Water signed an agreement with the County of Santa Clara (County) in FY23 to provide outreach services to the unsheltered population residing on Valley Water lands and this effort continued in FY25 Q2. Under this Outreach Services Agreement, Valley Water will provide up to $200,000 each year to the County to coordinate and provide human services to unsheltered individuals residing on Valley Water-owned property along the waterways throughout the county. The County’s outreach service delivery focuses on, but is not limited to, areas outside of the City of San José.
Federal Case Law
In 2018, the U.S. Court of Appeals for the Ninth Circuit held, in the case of Martin v. Boise, that the City of Boise violated the Eighth Amendment of the U.S. Constitution (prohibiting cruel and unusual punishment) for enforcing two city ordinances that made it a misdemeanor to camp in public places even though there were not enough beds available in local shelters to house all of the city’s unsheltered people. In June 2024, the United States Supreme Court reversed the Boise ruling through its own ruling in the case of Grants Pass v. Johnson. But given the unprecedented need for transitional and long-term housing in Santa Clara County, Valley Water will continue to face challenges relocating encampments until sufficient housing alternatives are available.
Water Resources Protection Zones Ordinance
On November 26, 2024, Valley Water's Board of Directors adopted the Water Resources Protection Zones (WRPZ) Ordinance, which establishes regulations prohibiting camping and related activities on Valley Water lands. The WRPZ Ordinance is intended to address the environmental, health, and safety impacts cause by encampment activity. However, as local housing authorities work to increase the availability of housing and shelter options to meet the needs of unsheltered people, Valley Water will seek to implement its ordinance gradually, based on priority levels.
Valley Water will prioritize encampment cleanup and removal on a case-by-case basis as necessary to protect employee and public safety and environmental resources and to carry out Valley Water business. An encampment will be designated as high priority for removal under the ordinance if it obstructs access to flood protection or water infrastructure facilities or projects, poses an immediate safety risk, or is associated with extreme environmental hazards. Valley Water's WRPZ Ordinance and Ordinance Implementation plan can be found on the Good Neighbor Program website.
February 2025
For more information:
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Mark Bilski, (408) 630-2830
FY22-36 Key Performance Indicator for the Safe, Clean Water Program
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Manage 300 acres annually to cleanup trash, debris, and hazardous pollutants generated from encampments and to reduce the amount of these pollutants entering streams.
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Provide up to $500,000 per year in cost-share with local agencies for services related to encampment cleanups, including services supporting staff safety, discouraging re-encampments along waterways or addressing the socio-environmental crisis with the goal of reducing the need for encampment cleanups.
Benefits
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Reduces the accumulation of trash, debris, and hazardous pollutants in local waterways, including streams, wetlands, and water utility facilities (e.g. percolation ponds)
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Protects Valley Water facilities and reduces flood risk
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Improves the aesthetics of creeks in neighborhoods and along trails
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Coordinates Valley Water’s efforts with multiple agencies to create lasting solutions to reduce encampments near waterways
Geographic Area of Benefit
Countywide
About the Safe, Clean Water and Natural Flood Protection Program
In November 2020, voters in Santa Clara County overwhelmingly approved Measure S, a renewal of Valley Water’s Safe, Clean Water and Natural Flood Protection Program.
The program was first passed by voters in 2000 as the Clean, Safe Creeks and Natural Flood Protection Plan, then again in 2012 as the Safe, Clean Water and Natural Flood Protection Program. The renewal of the Safe, Clean Water Program will continue to provide approximately $47 million annually for local projects that deliver safe, clean water, natural flood protection, and environmental stewardship to all the communities we serve in Santa Clara County.
While evaluating ways to improve the 2012 program, Valley Water gathered feedback from more than 21,000 community members. That helped Valley Water create the six priorities for the renewed Safe, Clean Water Program, which are:
- Priority A: Ensure a Safe, Reliable Water Supply
- Priority B: Reduce Toxins, Hazards and Contaminants in our Waterways
- Priority C: Protect our Water Supply and Dams from Earthquakes and Other Natural Disasters
- Priority D: Restore Wildlife Habitat and Provide Open Space
- Priority E: Provide Flood Protection to Homes, Businesses, Schools, Streets and Highways
- Priority F: Support Public Health and Public Safety for Our Community
Each year, Valley Water prepares a report providing a progress update for each of these program priorities, along with fiscal year accomplishments.
To ensure transparency and accountability to the voters, the ballot measure also created an Independent Monitoring Committee, appointed by the Santa Clara Valley Water District Board of Directors. The Independent Monitoring Committee annually reviews the program’s progress to ensure the outcomes are achieved in a cost-efficient manner and reports its findings to the Board. Additionally, the IMC also reviews each proposed 5-year implementation plan prior to its submittal for Board approval.
In addition, the program requires three independent audits.