Let's Talk About Adjudication - July 2024
In this issue
First Superior Court hearing
New timeline for court claim form
Well reports and water availability
A few questions answered
Take a survey
Language access
First Superior Court hearing
On May 1, 2024, the Department of Ecology filed a basin-wide general adjudication for WRIA 1, the Nooksack River system and nearby areas, with the Whatcom County Superior Court. On June 26, the court held a hearing and issued two preliminary orders that addressed how the adjudication process will begin.
Ecology agreed to file the summons, including the adjudication claim form, by August 30, 2024, for the court’s approval. The Court will set a date later in the fall for the court to approve the summons and claim form.
The Honorable David Freeman, the Superior Court judge presiding over the adjudication, discussed the efforts and long-term planning and budgeting for the adjudication process by all involved and stressed the importance of patience. To read the court documents associated with the WRIA 1 adjudication June 26 hearing, see the court’s website.
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New timeline – The adjudication claim form will be mailed with the summons after court approval
Ecology cannot serve the summons prior to the Court’s approval. Please see the Court website for the most current information on the Court’s schedule and deadlines.
If you own property in WRIA 1 within the area of a recorded water right or outside a public water system service area, by the end of the year or early next year, unless this date is changed by further court decisions, you should receive a summons via certified mail with instructions and a court claim form. You will have a year or more to fill out the court claim form from the time of receipt and submit it to the court in person, by mail, or online. The adjudication does not include people who only use water from a public water system like a city connection.
Well reports and water availability
If you have a well, you may have a well report, also known as a log, which contains information that can be used to fill out a court claim form. To find out if a well report in WRIA 1 is on file with Ecology, go to (Well Report Search (wa.gov).
Having a legally constructed well doesn’t necessarily grant a person the right to use water. While water may be physically present in a well, it is only legally available if you have the right to use it. You need to apply for a water right if you plan to use any amount of surface water or any groundwater beyond small quantities exempt from the permitting process. For more detailed information, see the Groundwater permit exemption focus sheet and the WRIA1 Nooksack water availability focus sheet.
Keep in mind that for outdoor watering, currently legal use does not mean it’s guaranteed forever – especially in times of drought or other shortages.
Watch this June lunch and learn presentation with Ecology staff to learn more about water availability and how to access and use a well report for the WRIA 1 adjudication.
A few questions answered
Question: I don’t have a well report for my property. Is that a problem and what should I do?
Answer: This is not unusual since many wells were drilled before the well report requirement, or the drillers did not file a report. It does not affect the legality or priority of your water use. You do not have to have a well log report for the adjudication, but it would be good evidence for the court of when the well was drilled. If your well is not recorded, you still need to file an adjudication court claim with as much information as you have. You may choose to contact a licensed driller to inspect, tag and generate a well report.
Question: I want to deepen my well. Will that affect the seniority of my water right in the adjudication?
Answer: Updating or even replacing your well will not affect seniority. A priority date relates to the earliest date of continuous legal use of water, even if the well was replaced over time. To deepen your well, you should work with a licensed well driller to achieve the desired results. If you decide to replace your well, make sure to first get approval from Whatcom County for the new well site.
Question: I have an old well on my property, but I only use water that I get from the city – do I need to file a court claim form?
Answer: If you own land that is within the place of use of an existing water right, you will still receive a summons. If you only use water you receive as a customer of a city or other service, and no longer use the well, you do not need to file a court claim form. If water has ever been used at this property in the past, and you would like to secure future use of that water source, you should describe that historic use and file a court claim form for the consideration of the court.
Whatcom County Public Works wants to hear from you
Whatcom County Public Works is seeking feedback on how to better assist water users involved in the WRIA 1 adjudication process. If you directly withdraw or divert water from a well or waterbody in the WRIA 1 watershed, click here to take a survey.
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
May 2024
June 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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