Volume 13 Issue 1
Washington Department of Ecology, Water Resources Program, Adjudications Unit
Water use, past and present
Whatcom County has a long and rich history of agriculture. From the earliest dairies to today’s high-tech berry operations, farms thrive thanks to the waters of the Nooksack, neighboring rivers and streams, and underground aquifers.
Sometimes there is more than enough water for everyone, especially in the rainy season. But in recent years, streams have suffered more and more in dry months. This means less water when farms need it most. This water is critical for farms, homes, and for the salmon that rely on these streams to live. Meanwhile, local Indian Tribes have urgent concerns about this impact on their treaty rights that could lead to liability under Federal law. The State of Washington takes this liability very seriously.
When there’s not enough water for all this demand, what is the fair solution? Washington has a long history of following Western Water Law: “First in time is first in right” (prior appropriation). This means that longtime water users have seniority over newer ones. Ecology looks at prior appropriation when issuing new water rights or approving changes. But many water right records are out of date, and it is not easy to tell the old water users from the new ones.
The law has an answer to this problem: Adjudication. In adjudication, instead of addressing individual challenges to each Ecology permit and rule decision over the years, the court takes all the past decisions, and all the water uses not yet decided, and issues a comprehensive decree and final determination. Once there is a court decree determining all the legal rights to use water, it will be clear who has water to negotiate for changes or mitigation.
The final decree has a durable value that can help you with your business strategies and your plans to pass land and water to the next generation. Until adjudication happens, uncertainty about the future will continue to grow.
The timeline
Starting in Spring, 2024, Ecology will send forms by certified mail to all property owners in Water Resources Inventory Area (WRIA) 1who are within the area of a recorded water right or outside a public water system service area. This does not include people who only use water from a public water system like a city connection. If you receive a form, our records show you may be a water rights holder or claimant. You’ll fill out the form about your water use and submit it to the court in person, by mail, or online within one year of receipt. This means claims will be due sometime in 2025.
In the following years, the Whatcom County Superior Court will review the forms and inventory all legal water rights. The adjudication process will determine whether each water right on a source is legal, how much water can be used, and its priority during shortages. Then, Ecology will issue adjudicated certificates for all these uses.
We are here to help you
The form you will receive in Spring 2024 will ask you to explain the different purposes of your water use, and where it’s used. Also, you will need the record of your water right if you have one.
The fastest and easiest way to get your water right information is to call or email us. Leave a message at 360-255-4406 or email WRadjudications@ecy.wa.gov. Make sure to include your name, the address of your water usage, and an email or phone number for us to contact you. You can also use the Water Rights Search database.
We want to help you successfully navigate the adjudication process. We encourage you to stay informed and to ask questions. We are creating tools and resources and will share them over the upcoming months so that you have clear direction and helpful information. Let us know at the phone number or email listed above:
- What kind of resources do you need?
- How do you want to receive information?
- How can we best help you?
We want to be your first and best source of information about WRIA 1 water adjudication. Visit our website and sign up for our listserv for the most current updates.