Let's Talk About Adjudication
We are committed to understanding current and future water needs to secure a healthy environment for generations to come
The Department of Ecology manages the state's water supply to address the needs of people and the natural environment. Water availability is increasingly limited in Washington due to the pressures of warming temperatures on snowpack, streams and aquifers. We are committed to finding long-term solutions to adapt to the future, but need to understand who uses water and where. This includes water claimed by the Tribes and the Federal government.
Until water uses are adjudicated, uncertainty about the future will continue to grow. Adjudication will legally determine whether each water right on a source is legal, how much water can be used, and its priority during shortages.
Everyone who withdraws or diverts surface or groundwater will need to participate in adjudication to protect their water use in the future.
Also in this issue
Water right definitions
Upcoming comment period
Past newsletters
Contact information
Water rights definitions
Water right
A water right is the legal authorization to use a quantity of water for beneficial uses subject to the specific terms and conditions of a claim, permit or certificate. Sources of water rights include Surface Water (diverting water directly from a river, stream, lake, or spring) and Groundwater (pumping water from a well).
There are three main kinds of water right documents:
(Statement of) Claim - A form filed with Ecology between 1967 and 1998 claiming the use of water before the water code. This kind of claim may legalize continuous historic water use. In adjudication, the superior court will determine the validity of these old claims.
Permit - Permits are permission from Ecology to develop a water right into a certificate. Under a permit, the permit holder may construct the water system and may put the water to beneficial use. A permit can be a valid water right if the water listed has been legally used over time.
Certificate - The water right certificate is the official legal record of the water right that shows past beneficial use of water. The water use shown on the certificate is valid if the water has been continuously used over time. Once issued, the water right is considered to be attached to the land on which the water is used unless and until it is intentionally severed from the property.
Now’s a good time to check your records to see if you have any of these documents in order to prepare for filing. 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, 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.
Comment period for the court claim form - coming in Winter 2024
The adjudication will be filed in Spring 2024. We will send notice and certified mail to all known water users in WRIA 1. This will include a form and instructions. As we prepare the final form, we want to learn from you how to make it more understandable and easier for everyone to fill out. While we welcome all feedback, we are particularly interested in knowing:
- Are the questions clearly written?
- What are some difficulties people might encounter filling out the form?
- Would you know who to contact for assistance?
RCW.90.03.140 (3) requires that we provide a 60 day comment period. In addition to inviting Indian tribes, local governments, and special purpose districts to submit comments, we will also email interested parties such as the recipients of this e-newsletter.
Stay tuned for an email invitation to comment on the claim form in early 2024.
Past newsletters
October 2023
November 2023 - Corrections below
Updated podcast link to Mike Gallagher's - Listen to Mike Gallagher from Ecology’s Water Resources Program explain “What is a Water Right?” in this podcast episode: water-law-101-episode-1
Under What to Expect in 2024 in November's newsletter we incorrectly said - "You will need to complete the (claim) form and send it back to us." Instead, "You will need to complete the (claim) form and submit it to the "court," in person, online or by mail. These directions will be on the final form.
If you have difficulty understanding English or have a disability, free language assistance or other aids and services are available upon request. Please call 564-233-1879.
Si tiene dificultades para entender la lengua inglesa o presenta una discapacidad, puede solicitar asistencia lingüística y otros tipos de ayuda y servicios sin coste alguno. Llame al siguiente número de teléfono 564-233-1879.
Если у вас есть трудности с пониманием английского языка или у вас инвалидность, по запросу предоставляется бесплатная языковая помощь или другие вспомогательные средства и услуги. Пожалуйста позвоните по телефону 564-233-1879.
ਜੇਕਰ ਤੁਹਾਨੂੰ ਅੰਗਰੇਜ਼ੀ ਸਮਝਣ ਵਿੱਚ ਔਖਿਆਈ ਹੁੰਦੀ ਹੈ ਜਾਂ ਫਿਰ ਤੁਸੀਂ ਅਪਾਹਜ ਹੋ, ਤਾਂ ਅਪੀਲ ’ਤੇ ਮੁਫਤ ਭਾਸ਼ਾ ਸਹਾਇਤਾ ਜਾਂ ਹੋਰ ਸਹਾਇਤਾਵਾਂ ਅਤੇ ਸੇਵਾਵਾਂ ਉਪਲੱਬਧ ਹਨI ਕਿਰਪਾ ਕਰ ਕੇ ਕਾਲ ਕਰੋ 564-233-1879.
The Department of Ecology is preparing for the Nooksack water right adjudications over the course of the next biennium. Adjudication is needed to determine how much water is legally available for use and to secure water for long-term planning and instream flow protection. For more information, please visit our Nooksack Adjudication website.
|
