ANAHEIM, CA - JANUARY 29: Orange County Sheriff's Deputies talk to a homeless man living along the Santa Ana River Trail in Anaheim, California on Monday, Jan. 29, 2018. He said he has been homeless for three years. (Photo by Paul Bersebach/Orange County Register via Getty Images)
San Jose, California – Santa Clara County’s largest water agency is under scrutiny for a controversial program that deploys San Jose police officers to homeless encampments along local waterways to issue citations and make arrests — a practice critics say criminalizes homelessness.
The Valley Water agency cannot legally arrest or cite individuals for trespassing or pollution on its property. But through its Stream Stewardship Law Enforcement program, San Jose Police Department officers from the street crimes unit patrol encampments every other week along Coyote Creek, the Guadalupe River, and other streams.
According to SJPD data, the program has resulted in at least 120 citations and over 100 arrests since 2023. Valley Water has spent more than $760,000 on the effort since first partnering with SJPD in 2019.
The agency says its goal is to remove violent offenders and protect staff and infrastructure. Spokesperson Matt Keller said, “Valley Water also has an obligation to protect its field staff whose work is critical to meeting regulatory requirements and maintaining flood protection and water supply infrastructure. ”
But several unhoused residents say the program disproportionately punishes them for simply trying to survive.
“They come out here and take our food, our clothes, everything,” said Kyle, a 36-year-old unhoused man living near the future Cherry Avenue tiny home site. “I already feel like the whole world hates me… (Police) come out here and they re-instill that.”
Kyle said he’s been repeatedly cited and arrested while trying to cope with the loss of his mother, who died from breast cancer — a trauma that led to his homelessness.
Last year, Valley Water enacted a policy banning camping along its 333 miles of waterways. Homeless individuals violating the rule can face fines up to $500 and possible misdemeanor charges. Advocates argue the policy effectively criminalizes homelessness.
Though the agency promised an “outreach first” approach, according to internal documents, it began enforcement before securing nonprofit contracts to handle outreach.
Deputy Chief Brandon Sanchez of SJPD said arrests go beyond trespassing. “Anyone committing a crime in San Jose can face enforcement action,” the department said.
Valley Water says more than 700 homeless people live on its land — a number that has increased since the pandemic. Over the last three years, the agency has spent $8 million removing nearly 6 million pounds of trash from encampments.
In the meantime, Kyle hopes for stability once the tiny home site opens in September. “I’ve been trying to make enough money to buy another bike,” he said, hoping to return to BMX racing, a passion from before his mother’s death.
