(CN) — A federal judge on Friday temporarily blocked a Northern California county from enforcing water permit laws aimed at cracking down on illegal marijuana farms, finding the restrictions might be intended to drive a minority Asian community out of their homes.
Responding to concerns about violent crime and environmental harm associated with illegal marijuana grows, Siskiyou County passed two ordinances in May 2021 requiring permits to extract and move groundwater off site and to transport water by truck. The water-truck permit law applies to a limited number of streets and highways, including those in an area called Shasta Vista, which is home to a large number of Hmong immigrants from south China and Southeast Asia.
The county argued the restrictions were necessary to help preserve groundwater, prevent illegal cannabis grows, reduce violent crime related to illegal marijuana cultivation and to enforce laws against unpermitted dwellings.
Chief U.S. District Judge Kimberly Mueller of the Eastern District of California found the permit process, which requires applicants to list parcel numbers and zoning categories, created unreasonable barriers for non-English speakers.
“It is difficult to understand what purpose these requirements might serve other than to deter lay people from applying for permits,” Judge Mueller wrote in a 28-page opinion.
The county won't allow water deliveries to unapproved dwellings or to people living on unimproved land — parcels it deems “campsites” — even if the people there have camping permits. As a result, Mueller wrote that the county would likely reject permit applications from people in Shasta Vista, where most people live in unapproved structures.





