Siskiyou County claims its water restrictions — which aren’t uniformly enforced — are meant to thwart illegal cannabis grows.
By Alan Riquelmy, Courthouse News Service
A federal judge is weighing whether to impose a preliminary injunction on a Northern California county facing a class action on claims it restricts water access for Asian Americans.
Four Siskiyou County residents claim that a county ordinance is discriminatory against Asian Americans, who in some cases are forced to use bottled water. White residents don’t face the same discrimination. In one case, someone provided up to 4,000 gallons of water to another with no county intervention, said attorney John Do, who represents the plaintiffs, at a Friday hearing.
“We’re in a situation where a substantial amount of water is needed by a substantial amount of folks,” Do said.
The Asian Americans affected live in parts of the county with no wells or other means of accessing water, and a blanket prohibition on transporting water offsite — which isn’t enforced across the board — disproportionately hurts Asian American residents, attorneys argued.
Attorney Emi Young, representing the plaintiffs, said proposed class member Russell Mathis needs water to keep cool in the summer, to bathe and clean things, for his animals and for fire protection. He can’t buy enough bottled water to meet his needs.
Representing the county and Sheriff Jeremiah LaRue, attorney Richard Linkert said the ordinance has been in place since the 1950s, meaning it can’t be racially motivated. Additionally, a purpose of the ordinance is to stop illegal cannabis growers from siphoning groundwater and causing environmental damage.
U.S. District Court Chief Judge Kimberly Mueller made no decision Friday. Instead, she posed hypothetical questions to both sides, emphasizing to attorneys that her queries weren’t indications of how she’d rule.
One aspect of the case Mueller focused on was ensuring people who needed water had access to it while steering clear of legislating how the county should enforce its ordinance.
Linkert said people have access to water, adding that the amount of groundwater being drawn could fill over 12 million baths.
Attorney Alison Wall, also representing the plaintiffs, didn’t dispute that the county can regulate cannabis. However, she pointed to people’s declarations filed with the court that detail Asian Americans who need water for legal uses.
“The zoning policy is an unconstitutional and illegal way to go about preventing those harms,” Wall added.
The judge noted that some truck drivers delivering water have stopped because of the county ordinance. Linkert said that was the point of the local rule.
California remains in a drought, Linkert argued, leading to concerns about what drawing groundwater would do to the water basin. The county’s ordinance is intended to stop people from drawing that water for large sales.
“This is not about mom-and-pop gardens and watering ducks,” he said, adding moments later: “Irreparable harm is apparent.”
Linkert said if the judge were to issue an injunction, he thought a bond would be needed. The costs of cleaning the damage done by the groundwater draws and toxic chemicals used by illegal grows are in the millions of dollars.
Mueller asked why a potential injunction shouldn’t be narrow in scope, leading Do to say that any injunction should be tailored to the unconstitutional acts by the county — restricting off-site water transactions.
The judge then flipped the hypothetical question, asking why an injunction shouldn’t call for people in affected areas to have reliable water sources for basic needs. She pressed Linkert on whether the county has shown that those affected have a reliable water source.
“All of these are off-site water sales,” said Linkert, adding that people are pulling more groundwater than the property owner uses and distributing it elsewhere.
Linkert urged Mueller to look at the county’s situation. It has under 45,000 residents and 13 deputies. It’s overrun. People are concerned about toxic chemicals used in cannabis grows getting to the groundwater. A cannabis plant needs two to five gallons of water a day, he said.
Wall said she didn’t know if what Linkert said was accurate and noted it was unsubstantiated. The county has other methods of ensuring illegal cannabis grows are stopped that don’t include restricting water transfers.
“People’s health is suffering and that is why we’re here today,” she added.
