F5: Good Neighbor Program: Encampment Cleanup*

Fiscal Year FY25 (July 1, 2024 – June 30, 2025)

• Valley Water managed approximately 4,321 acres and removed approximately 697 tons of trash, debris, and hazardous pollutants generated from encampments to reduce the amount of these pollutants entering streams.
• In FY25, for the first time, Valley Water was able to staff two full-time encampment cleanup crews, which significantly increased the cumulative measure of acres managed.
• Valley Water also continued administering its Portable Toilet Facilities Program by installing and maintaining portable toilets and wash stations at critical encamped locations along local creeks to improve water quality. This program is intended to help Valley Water reduce the amount of biohazardous waste that might be discharged into the waterways.
• Valley Water provided $251,454 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.  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. In FY25, Valley Water expended $151,167 under this Outreach Services Agreement.

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.

August 2025