Let's Talk About Adjudication - April 2024
In this issue
Join us for an online discussion
Filing in Whatcom County Superior Court
What to expect this summer
A few questions answered
Adjudication in other states
Past newsletters
Language access
We're hosting an online discussion about water right documents – May 6th
Join Robin McPherson and other Ecology water program staff members for an online lunch time panel session where you can learn more about water right documents. We'll begin with a 20-minute presentation, followed by an interactive Q&A period. While all are welcome, this event is geared toward community leaders who will share information with people who use more than 500 gallons of water per day or have a garden larger than ½ acre. So, bring your sandwich and coffee and log on Monday, May 6th, from noon to 1:00 PM. To pre-register, please use the blue button below. If you can’t make it, don’t worry - we’ll record this event and post it to our website for later viewing.
Filing in Whatcom County Superior Court – Coming this spring
At the direction of the Washington State Legislature, Ecology will file a water rights adjudication for the Water Resource Inventory Area (WRIA) 1 later this Spring. This filing involves Ecology submitting legal documents with the Whatcom County Superior Court. This formally starts the adjudication process and establishes the Court’s jurisdiction. Affected water users will not have to act at the time of filing. They will be notified by a summons later this year as described in the following paragraph.
What to expect starting summer 2024
Starting this summer or later if directed by the court, Ecology will send the claim form by certified mail to all property owners in WRIA 1 who 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 at least or more than one year from receipt. Claims will be due sometime in 2025; the deadline will ultimately be determined by the Court.
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A few questions answered
We've recently been out in the Whatcom community, meeting with small commercial farmers, among other groups. During these conversations, we received a few questions about water usage and water rights. Here are our responses.
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Question: When you sell your property, what happens to the water usage and water rights?
Answer: Most parcels of property change hands over the years. Most water right documents are old, and do not usually reflect the name of the current owner. Water rights in use are usually attached to the property, so they remain tied to the property even after you sell it. This means that the new property owner purchases the water right along with the property and assumes all the rights and responsibilities related to water use on that property. If the property is divided, the water rights can also be divided -- as long as the water source and the amount of water used does not increase.
Question: If my mailing address is not within Water Resource Inventory Area (WRIA) 1, but my property is, do I need to participate in the water rights adjudication process?
Answer: The physical location of the property is what matters most. The adjudication process considers the location of the property rather than the owner’s mailing address. So, it's essential to participate in the adjudication process, even if your mailing address is elsewhere.
Adjudication is taking place in other states
Adjudication is a legal process and a foundation for resolving conflicts and competition over water resources. It establishes who has the right to use water, in what quantity, and in what order of seniority. Adjudications are ongoing throughout the West, such as in Utah, Idaho, California and Arizona; however, the process varies from state to state. In the WRIA 1 Adjudication, the local court will apply Washington law to our unique area.
Overall, adjudication is a widely used management tool in the western US that offers a transparent and science-based approach. However, it’s just one part of the larger picture. To ensure the sustainable and equitable use of water in our changing environment, we first need to understand all water usage and then work together to find basin-wide solutions.
Past newsletters
October 2023
November 2023
December 2023
January 2024
February 2024
March 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 WRIA 1 (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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