Let's Talk About Adjudication
Did you catch our live webinar about WRIA 1 adjudication?
Were you able to attend our live webinar about WRIA 1 adjudication? If not, don't worry! You can still access the presentation through the recording. During the webinar, we discussed the adjudication process, the timeline, and the claim form that water users will need to fill out later this year.
In this issue
The start of the legal process
Who won't receive a summons
Ways to file a claim form
Court claim forms comment period
Past newsletters
The start of the legal process: receiving a summons via certified mail
Adjudication is a legal process. This does not involve any claims for damages, but instead affirms current water rights. It is the foundation for resolving conflicts and competition over water resources by establishing who has the right to use water. In adjudication, the local court will review all water uses in an area to determine the legal quantity and seniority.
The process begins with notice by summons. If you have a water right document or own property outside of a water service area within Water Resource Inventory Area (WRIA) 1, you should receive a summons with court claim forms and instructions sometime in Spring 2024. This will be sent from Ecology via the United States Postal Service by certified mail. The summons will inform you that a legal process is underway, and you are being notified about it. To officially acknowledge receipt of the summons, you, your spouse, or another authorized person will need to sign for it when it's delivered. Certified mail cannot be left in a mailbox or on a doorstep.
Receiving the summons does not necessarily mean that you will need to hire a lawyer or go to court. We anticipate that water users such as domestic well owners may be able to participate in this process by filling out a relatively simple form that explains their water right claims.
Who won't receive a summons
If you're a customer of a city water system, you do not need to fill out a court claim form. If you manage water use for a municipality, please contact Ecology for special instructions at 360-255-4406 or email WRAdjudications@ecy.wa.gov.
Where multiple homes operate under a single water right such as a Group A or B group water system, a representative of the water system will likely receive the summons. Your group may have options for completing a Full-Length Court Claim Form.
If you use water directly from a pump or well and do not receive a summons and court claims forms, let us know and we will send you one.
Ways to file a Court Claim Form: online and paper options
To file a Court Claim Form, you will have the option to go paperless by using the court’s new e-filing system, or you can submit a paper version by mail or in person. When you receive your summons, instructions for e-file will be available in the instructions and on our website. We will be providing more information about this around the time you receive your summons.
If you’d rather fill out the paper form, you can complete it and then mail or deliver it to the Superior Court at the address mentioned in the instructions.
Help us improve the Court Claim Forms
There is still time to review the draft documents before they are finalized. Submit comments by March 2.
We're striving to make Court Claim Forms as easy to understand and fill out as possible. Before finalizing the forms and the instructions, as required by RCW 90.03.140(3), we are holding a 60-day comment period. We invite individuals who receive this e-bulletin, as well as Indian tribes, local governments, and special purpose districts to provide feedback on these draft documents. Your insights are important to us, and we welcome them to ensure the forms and instructions are in good shape prior to the spring filing. To view the draft documents and to submit comments, please visit the Court Claim Forms - Washington State Department of Ecology comment site.
Past newsletters
October 2023
November 2023
December 2023
January 2024
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.
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