Judge blocks water sanctions that would affect rural Asian immigrants

(CN) — A federal judge struck down a second attempt by a Northern California county to dismiss a case against them for water sanctions that would leave the local Asian community without water. 

In May 2021, Siskiyou County enacted two ordinances that would require a permit to withdraw and move groundwater by truck. These were executed under the guise of environmental concern, curbing violent crime, and illegal marijuana grows in certain areas, including Shasta Vista where many Hmong immigrants reside.

The 2021 proposed permits required a significant amount of information, such as zoning categories and parcel numbers which created roadblocks for the Hmong community. The majority do not speak English, struggle to establish legal residence, build their homes without permits and rely on trucked-in water for drinking, bathing and caring for their gardens and livestock. 

In the original complaint, plaintiff Der Lee compared living in Shasta Vista to his days hiding out in the Laos jungles — just now without water. Others explained that they only bathe once a week, are dehydrated and have had their food sources — crops and livestock — die from the lack of water access. As a result, many resorted to filling jugs with water in streams and local parks. 

The ACLU of Northern California and Asian Law Caucus joined the case to support the Hmong community. The ACLU called the water cut-off an “anti-Asian sentiment.” The county is aware of illegal marijuana grows across Shasta Vista, yet the permits were required for only a few roads — roads predominately occupied by Asian immigrants. 

Chief U.S. District Judge Kimberly Mueller of the Eastern District of California blocked the water-truck permits claiming that the ordinances would do irreparable harm to the Hmong people in September of 2021. 

The county has since revised the ordinances and urged the court to drop the case once again. The water-truck permits would now be required county-wide. The county states that they have reassured plaintiffs that they can apply for trucked water and well permits. However, plaintiffs have already struggled with well permits.

The applications are still only available in English and leave the county with enough vague standards that they could deny any application in Shasta Vista. In addition, the revised ordinance still contains no deadlines for the county, allowing applications to sit for years. 

Plaintiff Koua Lee applied for a well-drilling permit five years ago. Recently, he went to renew the permit and was told by the county that between the number of applications and the county having no well inspector, Lee would face at least another two years of waiting. Another plaintiff, Khue Cha, states that the county has not let him or others apply for permits since a 2021 wildfire. 

In the 27-page opinion, judge Muller states that “Although County officials have revised and simplified permitting requirements if Hmong people in Shasta Vista cannot obtain the necessary permits, they will probably not have water to grow food, raise animals, cook, clean, or bathe. In this sense, they are in the same situation,” and compares plaintiffs to a Supreme Court case where a local government repealed and replaced its laws during pending litigation. 

Muller called for the stall of the water-truck ordinances to be upheld and for a settling conference to be scheduled “as soon as possible.” 

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