Let's Talk About Adjudication - March 2024
In this issue
Adjudication is an important water management tool
Home on a well
A few questions and answers from our webinar
The end of the court claim forms comment period
Past newsletters
Language access
Adjudication is an important water management tool
Due to the changing climate, our region is experiencing warmer temperatures and drier conditions compared to historical norms. Snowpack is important because it acts as a natural reservoir, storing water during the winter and releasing it gradually during spring and summer. The snow we do get is often melted far earlier than we’d like. Precipitation that used to come as snow now often comes as rain instead. The lower Nooksack basin’s abundant rainfall typically comes between October and March, meaning the area is dependent on melting snow in the dry spring and summer months when the needs for water are the highest.
Water is needed for various uses in WRIA 1, including homes, irrigation, livestock watering, and fish habitat and passage. To address conflicts and uncertainties related to water rights in this basin, adjudication is a critical step in water management. The adjudication process will begin in 2024. If you are a resident in this area and own a parcel that is not connected to a public water supply system, here’s what you can expect:
- You will receive a summons via certified mail with instructions and court claim forms.
- You'll fill out the court claim form that is appropriate for your water use and submit it to the court within one year of receipt. You can submit the form in person, by mail, or online.
- Ecology will review the submitted court claim forms and prepare a report.
- You have the right to file objections with the court if you disagree.
- The court will consider the report's findings, determine everyone's water rights, and issue a list in order of priority.
- Ecology will issue adjudicated certificates that will attach to the deed at the address where the water is used.
We believe the entire process from start to finish will take up to 10 years or longer, though individual water rights may be finalized throughout the process.
Home on a well
Everyone who isn’t connected to a public water supply system needs to file an adjudication court claim form for their water use. That includes water users with homes on a well.
If you have a home with ½ acre or less of total outdoor lawn and garden, and get your water from a well, you don't have to worry about finding old water rights documents or metering your water use. During droughts or shortages, outdoor watering may face restrictions, but your indoor water supply won't be shut off.
The Small Use Court Claim Form will be an option for homes that use up to 500 gallons per day with ½ acre of outdoor watering for lawn and garden. If you use more than that, the Full-Length Court Claim Form will allow you to provide additional information about your water. These forms confirm your past and current water use. If your home was built after 2020, you're limited to watering 1/12 of an acre of outdoor lawn and garden from your well, but you may still use the Small Use Court Claim Form, which is simpler with fewer questions.
You may have additional questions about your form if your home relies on surface water, you share wells with neighbors, or if you want to secure water for more than 1/2 of an acre. For these situations, contact us for more information.
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Questions and answers from our webinar
In case you missed it, here’s a link to the recording of the webinar we hosted on January 31, 2024, to inform WRIA 1 water users about adjudication. Over 150 people joined us. The presentation covered topics such as water law, adjudication, claim forms, and next steps for affected water users. During the webinar, there were many questions about homes using a permit-exempt well. Here are a few of the questions plus our answers.
Question: I'm one guy and a cat living on a single acre with a well that was dug in 1977, and I use maybe 30 gallons per day on a busy day. What happens if I decide this is a whole bunch of hassle for my minimal water use and I just ignore the whole thing?
Answer: I understand that many people may be wondering whether they are required to submit a court claim form. We expect all water users to comply with the legal requirements and fill out a form to ensure an accurate inventory of water use in WRIA 1. The small-use court claim form is specifically designed for people who use 500 gallons of water per day or less and is as no-hassle as possible! This form allows you to secure your water use to your property, which in the long term adds value to the property and is important if you choose to sell it or leave it to your descendants. If water users fail to submit a court claim form, they could eventually be at risk of enforcement for unlawful water use.
Question: If I own a property with a well that was put in by the previous owner and there wasn’t a water right, what is the point in time that I as the current owner and user can claim as the “start of use?”
Answer: Good question! The priority date of water does not change because of land transfers and land ownership. You should use the date the water was first used for this purpose on this property regardless of when the land was bought or sold.
Question: Will meters be required on all wells?
Answer: Ecology does not require metering as part of the adjudication process. However, you might choose to install a meter to better understand and estimate your water usage. Please note that some water rights already include metering requirements.
The end of the court claim forms comment period
The court claim forms comment period ended on March 2, 2024, and we received a total of 26 comments. We appreciate the efforts of everyone who submitted feedback. Our next steps will be to review all comments received to determine if any changes are needed to the existing court claim forms. Final court claims forms will be included in the certified mailing sent to water users later this year.
Past newsletters
October 2023
November 2023
December 2023
January 2024
February 2024
Language access
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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