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Water Rights

Urgent Water Rights Alert for Nooksack Watershed Residents

Overview

Live in WRIA 1 and use a well, stream, or lake? You must file a legal claim for your water use by May 1, 2026. This applies to homeowners, farmers, and business owners. Certified mail was sent in March 2025. Filing early is strongly recommended. 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.


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

What is Adjudication? What Is a Watershed (WRIA 1)?
A legal process to determine who has the right to use water, and in what amount. It's critical for sustainable water management and protects existing users. The Nooksack Basin collects water from rain and snow. Anyone using water from wells, lakes, or streams in this area is part of WRIA 1.
  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.

Who Needs to File

Common Myths (And the Facts)

  1. “My well is permit-exempt, so I don’t need to file.”
    • You do—exempt doesn’t mean exempt from adjudication.
  2. “I didn’t get a summons, so I’m not involved.”
    • You may still need to file if you use water in WRIA 1.
  3. “It’s just a government formality.”
    • It’s a legal process that could impact your right to water.

How to File Guide

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. *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.

    **Important Reminders:** Be sure to keep a copy of your receipt for your records. 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.

    View Case Filings

    Document Center 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

    WRIA 1 Nooksack Watershed Water Availability


    Key Dates & Events


    Farmers & Businesses

    FOR FARMERS:

    Submit logs, crop records, and irrigation maps

    Use Water Use Calculator for estimates

    Attend ag-focused workshops (Farm Bureau, WSU)


    FOR BUSINESS OWNERS:

    File if you use water for operations or landscape

    Document daily/seasonal usage

    Provide invoices, utility records, or permit info



    What Happens After You File/FAQ

    • You’ll get confirmation of your submission
    • Court may request more details later
    • Your claim will be reviewed over several years
    • You may be invited to mediation if there’s a conflict

    Frequently Asked Questions

    What if I just bought my property? Do I still need to file?

    Yes. If the property relies on a private water source (like a well), you’re likely required to file a claim, even if the water use started before your ownership.

    No. If your home or business is connected to a public water utility, you're not required to participate in this adjudication.

    Yes. Amendments may be allowed, but corrections after the deadline could be limited. It’s best to file early and seek help if needed.

    Not necessarily. Filing a claim helps protect your use. Failure to file, however, could risk losing legal recognition of your water right.

    Ignoring the summons could lead to a default judgment, meaning your right to use water may not be legally acknowledged in the future.

    No. Many people file without legal help using the online Guide and File system. However, legal advice may be helpful for complex or shared water uses.

    No. Adjudication is about confirming existing water rights. It doesn't replace or grant new permits.

    Yes. Even seasonal or infrequent use should be documented to protect your access.

    WRIA 1 is the water resource area for the Nooksack Basin. Use the interactive map on the DOE’s website to check if your property falls within it.

    Possibly. Properties with documented and confirmed water rights may retain more value, especially in agricultural zones or areas with tight water availability.