Let's Talk About Adjudication - May 2024
In this issue
Adjudication process formally begins
We mailed postcards
Register for a water rights document discussion
Water rights and documents
WRIA (water resources inventory area) 1 defined
A few questions answered
Language access
Past newsletters
Adjudication process formally begins
On May 1, Ecology submitted legal documents with the Whatcom County Superior Court, which formally began the adjudication process and established the Court’s jurisdiction. In the coming months, Ecology will send a formal notice, called a summons, by certified mail to all property owners in WRIA 1 (the Nooksack watershed and nearby areas) who are within the area of a recorded water right or outside a public water system service area. The adjudication does not include people who only use water from a public water system like a city connection.
Read the news release online.
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We mailed postcards
We sent out a postcard to every water user in WRIA 1 who is within the area of a recorded water right or outside a public water system service area. We are using many methods to notify and educate people about the adjudication process. If you have questions or would like to notify us of a change in address, please let us know by emailing WRadjudications@ecy.wa.gov or leaving a message at 360-255-4406.
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Water rights and documents discussion on May 6th at noon
Join Robin McPherson and other Ecology water program staff members for an online lunch time panel session where you can learn more about water rights and documents. This is for people who use water for more purposes than just their home and want to know about their historic water right documents. To get up to speed, watch this video about adjudication basics. If you can’t make it, don’t worry - we’ll record this event and post it to our website for later viewing. To pre-register, please use the blue button below.
Water rights and documents
Please note that some of this information was covered in the October 2023 e-newsletter.
While water may be physically present in a stream or well, it may not be legal to use. Diverting and using surface water — the freshwater from streams, lakes, or river sources — always requires a water right. In general, pumping groundwater from a well requires a water right permit unless it falls under the groundwater permit exemption.
A water right is the legal authorization to use a quantity of water for beneficial uses, subject to the specific terms and conditions of the right.
There are three main kinds of water right documents:
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Registry 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 registry claims.
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Permit – Permits are permission from Ecology to develop a water right. 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.
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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 to the extent the water has been continuously used over time. Once issued, the water right is attached to the land on which the water is used unless and until it is intentionally severed from the property.
It is still early in the process, but now’s a good time to get your documents in place for filing. Check your records to see if you have a water right document. If you’re not sure, you can contact us either by leaving a message at 360-255-4406 or by email at 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. If you have a legal permit-exempt well, you don’t have to locate water right documents for this use, but you’ll need to file a court claim form.
Water Resources Inventory Area (aka “WRIA”) defined
Washington is divided into 62 major watersheds or Water Resource Inventory Areas (WRIAs), which are areas that each capture precipitation and funnel rain and snowmelt through smaller subbasins into streams, tributaries, and rivers and typically drain to marine waters or the Columbia River.
WRIA 1, often called the Nooksack area, includes land surrounding the Nooksack River system. The Nooksack River mainstem is fed by the North, Middle, and South forks of the Nooksack River. WRIA 1 includes various other streams such as the Lummi River and Dakota, Fishtrap, Bertrand, TenMile, and Whatcom creeks.
This adjudication will include all areas of WRIA 1, regardless of whether they are directly connected to the Nooksack River system. For example, while not hydrologically connected, Point Roberts and Lummi Island are included in the adjudication. This approach ensures that all water resources in WRIA 1 are accounted for and managed appropriately. This also provides for the crucial opportunity to account for the legal water rights of Lummi Nation and Nooksack Tribe in this process.
Use our Watershed look-up tool to learn if your address is within WRIA 1.
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A few questions answered
We have an email and phone resource box and answer questions daily. If you have a question, feel free to reach out to us at WRadjudications@ecy.wa.gov or leave a message at 360-255-4406 and we’ll get back to you. Here are a few questions that have recently come in and our responses.
Question: I have a home and get my water from a well. Do I need a water right document to participate in the adjudication?
Answer: While most new water uses in Washington require a permit before water use is allowed, some small uses of groundwater are allowed without a permit. These are commonly referred to as “permit-exempt” withdrawals. If your use is permit exempt, you don’t have to worry about water right documents or metering your water to file an adjudication claim for this use. As with water uses that do require a permit, permit-exempt uses are subject to state water law. Remember – even people using permit-exempt wells need to participate in the adjudication by filing a court claim form.
For more information about the groundwater permit exemption, see The Groundwater Permit Exemption focus sheet.
Question: What are the benefits of an adjudicated water certificate?
Answer: After the adjudication, the court will issue a decree that lists all the water rights that have been confirmed. This decree will direct Ecology to issue an adjudicated certificate to each water right owner, which will confirm their legal right to use water. This certificate will be recorded on property title and will ensure clarity for future use of water and priority during shortages. If a property is sold, the water right will be automatically transferred to the buyer.
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.
Past newsletters
October 2023
November 2023
December 2023
January 2024
February 2024
March 2024
April 2024
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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