Updated 5/8/25
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***
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.
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.
- 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.
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* |
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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. |
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.
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.
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.
Document Title | Date Filed |
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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 here
Source: Whatcom Family Farmers
Resource Library
Have questions? Email WRadjudications@ecy.wa.gov