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Water Rights

Urgent Water Rights Alert for Nooksack Watershed Residents

Updated 5/8/25

Attention Nooksack Basin Residents and Business Owners: Urgent Water Rights Alert for Nooksack Watershed Residents

If you depend on water from wells, streams, or lakes within the Nooksack watershed, it’s vital to engage in the ongoing water rights adjudication process. Initiated by the Washington State Department of Ecology (DOE) and filed in Whatcom County Superior Court, this legal action under RCW 90.03.140 and RCW 90.44.220 will significantly affect water usage across the Nooksack River system.

The Nooksack watershed adjudication process continues in 2025. Certified mail notifications were sent in March for all affected water users, which require a signature upon delivery. If you were away or missed the mail, the post office will hold the packet for a few weeks. Make sure to pick up your adjudication packet from the post office if you received a notice.

Virtual workshops for residential well users are coming up, which will cover claim forms and water rights documentation. In-person events for additional assistance and information are planned for late May and June. This adjudication aims to legally establish all water rights in the region. More updates and information on upcoming workshops can be found here. You can also view the Water Adjudication Case Documents and Docket by clicking here.

**Free language assistance is available upon request by calling 360-407-6872***

What is Water Adjudication?

Water adjudication is not merely a legal formality; it is a critical process that will establish the hierarchy of water rights throughout our watershed. As pressures mount from increased population demands, environmental shifts, and the sacred tribal rights to fish, water adjudication becomes a battleground where every drop counts. This process will ensure that water use is regulated fairly and sustainably, preserving our most vital resource for future generations.

What is a Watershed?

In Washington State, the landscape is organized into 62 major watersheds, also known as Water Resource Inventory Areas (WRIAs). These geographic areas are defined by the natural drainage patterns of the region's precipitation. Each WRIA collects rain and snowmelt, channeling these waters through a network of smaller subbasins into streams, tributaries, and rivers. These waterways eventually converge and typically empty into larger bodies of water such as the Pacific Ocean or the Columbia River. This system plays a crucial role in the hydrological cycle, supporting diverse ecosystems and human communities across the state.

Upcoming Key Dates and Events:

  1. May 2025: In-person workshops will be held from 5:30pm-7pm on:
    May 28 at Pioneer Pavillion, 2007 Cherry Street Ferndale, WA 98248
    May 29 at Meridian Middle School, 861 Ten Mile Rd Lynden, WA 98264

    Registration is required. Residents are encouraged to bring their claim form and questions. Sign up using this link.
  2. June 2025: There will be an online-only ecology webinar on June 24th from 5:30pm-7pm. This webinar has a separate and free registration form, which you can use here.

**Claim filing deadline is May 1, 2026. Missing this deadline could forfeit your ability to claim your water right in the adjudication. It’s wise to file well before the deadline if possible to avoid last-minute issues. Keep in mind that May 1, 2026 is a uniform deadline for those who received the spring 2025 mailing.**

Who Needs To File?

- Do you use water from a private well, stream, or lake in WRIA 1?

- Do you live outside a public water system?

- Did you receive a legal summons or certified mail?

If you answered yes to any of these questions, you must file a court claim form.

Filing Methods

You may file your claim form by mail or in person at the Whatcom County Superior Court Clerk’s office, but using the electronic Guide and File system is highly encouraged. The Guide and File tool walks you through each section of the claim form with a step-by-step online interview. Once completed, you can submit your claim electronically through the court’s e-filing system. (Note: Ecology recommends using Chrome, Edge, or Firefox for Guide and File – the system does not work well with Safari). If you’re not comfortable submitting online, you can still fill out the paper form and either mail it (with a fee) or hand-deliver it to the court (in-person filing is free), but double-check that you include all required pages and signatures. For technical assistance when filling out your form, you can email whatcom.water.support@aspectconsulting.com.


The Whatcom County Superior Court Clerks Office will be accepting filings in this case through three different methods.

RCW 36.18.016(17) For filing an adjudication claim under RCW 90.03.180, a fee of $25 must be charged.

*Guide and File* *E-File* *Paper Filings*
If you would like guidance through the process of filling out the claim form click here. If you've filled out your forms and would like to file them digitally click here. If you would like to file physical copies of your forms you can visit us at the Clerks Office during regular business hours. Please note all filings must follow Local Court Rules.

Immediate Action Required:

The adjudication process kicked off with a preliminary hearing on June 26, 2024. If you use water in the Nooksack watershed, you should have already received a legal summons instructing you on how to file a claim for your water rights. Failure to respond could result in losing your water access. This process involves around 30,000 stakeholders, including individual users, local governments, and tribal entities. Compliance with existing regulations for permit-exempt wells is crucial to maintain your rights.

Why This Matters:

This adjudication process will establish the legal allocation of water rights across the Nooksack River system, impacting approximately 30,000 stakeholders, including local governments, tribal entities, and individual users. This adjudication will profoundly impact various sectors, especially the roughly 1,500 farms relying on this water for irrigation, as well as local homeowners and businesses. Balancing water distribution is essential for sustaining agriculture and supporting the community's future water needs.

Act Now to Protect Your Water Rights:

This is a critical time for the Nooksack community. Your active involvement is essential to ensure fair water management and safeguard your rights. Visit the DOE’s website for more information and to take part in shaping the water future of our region. Stay proactive by visiting the Whatcom County or DOE adjudication web pages, which offer resources and information to help you understand and engage in the adjudication process. For further questions and to stay up-to-date, contact the DOE via their online contact form, and sign up for their Nooksack Adjudication e-newsletter.

Received Your Court Claim Form? What To Do Next:

  1. Understand Your Role: You’ve been identified as someone who uses water directly from sources like wells, streams, or lakes in the Water Resources Inventory Area (WRIA) 1. It’s crucial to file a court claim form to legally secure your water use rights.
  2. Review Your Packet: You should have received a packet containing important documents including a summons, instructions, a court claim form, and more. These documents are essential for completing your claim.
  3. Fill Out the Form: Follow the step-by-step instructions included in your packet to accurately fill out your court claim form. Pay attention to details like:
    • Your unique six-digit adjudication identification number.
    • The names of all property owners where the water is used (all must sign the form).
    • Estimate the time needed; it might take 30 minutes to two hours to complete.
  4. Utilize Resources:
    • Use the water use calculators provided by Whatcom County Public Works to estimate your water usage.
    • Check the WRIA 1 map tool to see if you have water rights documents already on file.
    • Retrieve your well report for details like well depth and tag number if your well is registered.
  5. File Your Form:
    • Online: The easiest method is online through Whatcom County Superior Court’s Guide and File system, where you can either submit electronically or download and print a filled form.
    • In-Person: Deliver a signed original form to Whatcom County Superior Court at the address provided.
    • By Mail: If you need to mail your form, ensure it’s single-sided and include the $25 filing fee (plus a $1 service fee if filing online).
  6. Pay the Filing Fee: The fee can be paid online, in person, or by mail (check specific instructions for mail). If you can't afford the fee, you may request a waiver at the court.
  7. Keep Records: Keep a copy of your filed claim for your records.
  8. Stay Informed: Continue to visit the adjudication website for new updates, subscribe to the newsletter, and consider attending upcoming public meetings or workshops.

    **Important Reminder:** Don’t delay in submitting your claim form. Although you have until May 1, 2026, early submission helps ensure your rights are protected without last-minute pressures.
Document Title Date Filed
Resolution Approving Whatcom County Superior Court to Hold Hearings outside of Bellingham, WA 2/18/2024
Statement of Facts 5/01/2024
Declaration of Leigh Bedell 5/01/2024
Note for Hearing 5/01/2024
Order Setting Hearing -- Judge Freeman 6/03/2024
Letter to Whatcom County Council Re: Resolution to Hold Court Hearings outside of Bellingham, WA 6/04/2024
Response to Court's June 3rd Order 6/14/2024
Order on Pre-Commencement Motion Practice -- Judge Freeman 6/26/2024
Order Establishing Steering Committee -- Judge Freeman 6/26/2024
Order Granting County Clerk's Application to Reject Filing -- Judge Grochmal 6/28/2024
Order Re: The Temporary Authorization for Water Adjudication Proceedings of the Whatcom County Superior Court Outside of Bellingham, Washington -- Judge Freeman 2/26/2025
Order of Stay Re: Stay of Motions and Similar Actions Pending Adoption of Rules and Procedure -- Judge Freeman 3/2/2025
Scheduling Order -- Judge Freeman 4/03/2025
*Source Click Here

Glossary

  1. Water Adjudication: A legal process used to officially determine who has the right to use water in a specific area.
  2. Watershed: An area of land where all the water that falls as rain or snow drains into a specific body of water, like a river, lake, or ocean.
  3. Water Rights: The legal permissions granted to use water from a source (such as a river, lake, or underground source) for specific purposes.
  4. WRIA (Water Resource Inventory Area): A region defined for the management of its water resources. Washington State is divided into several WRIAs, each with its unique water management needs.
  5. Permit-Exempt Wells: Small wells for private use, like household or small farming, that don't usually need a permit under certain conditions, although they are still regulated in other ways.
  6. Claim Forms: Documents that stakeholders must fill out and submit to legally claim their water rights during the adjudication process.
  7. Certified Mail Notifications: Official notices sent through mail services that provide the sender with a legal record of delivery. Used in the adjudication process to ensure all affected parties are formally notified.
  8. Stakeholders: Individuals or groups affected by or interested in the adjudication process, including homeowners, farmers, business owners, and government entities.
  9. Tribal Rights: Legal rights granted to indigenous groups, often including specific rights to use water for their communities, which must be respected during the adjudication process.
  10. Water Use Calculators: Tools provided to help estimate how much water a household or business typically uses, important for preparing water right claims and understanding water usage.
  11. Sustainable Management: Managing resources in a way that meets current needs without compromising the ability of future generations to meet their own needs, particularly concerning water use.
  12. Hydraulic Connectivity: The connection between surface water and groundwater, which influences how the extraction of one can affect the availability of the other. Understanding this is crucial for managing water rights sustainably.
  13. Instream Flow: A water right for the water to remain in a river or stream to support the ecosystem and recreational needs, which competes with consumptive water use rights.
  14. Water Banking: A system that allows users to store their water rights in a 'bank' for future use or to lease or sell to others, helping to manage water resources more flexibly and sustainably.
  15. Consumptive Use: Water use where water is not returned to its source and is consumed by evaporation, incorporation into products or crops, or other processes.
  16. Non-consumptive Use: Water use that does not significantly diminish the source or alter the water permanently, typically used for hydroelectric power generation, recreational purposes, and ecological protection.

Source here

Source: Whatcom Family Farmers

Resource Library


Have questions? Email WRadjudications@ecy.wa.gov