Let's Talk About Adjudication - September 2024
In this issue
Whatcom County Superior Court - update
Creating the service list
A few questions answered
Whatcom Water Week event
Whatcom County Superior Court - update
On August 30, Ecology submitted the summons with the proposed court claim form to the Whatcom County Superior Court. The court set a date to review the form of Sept. 26, 2024, at 9:30 a.m. in the Whatcom County Council Chambers. See the Court website Water Adjudication Resources | Whatcom County, WA - Official Website for updates.
The summons will be the official notification to water users required to join the legal process. After the Superior Court approves the summons, we will prepare and mail it to everyone on our claimant list. A certified mailing of this size will take time and will depend on the capacity of the local postal service, and not everyone will receive their summons in the same week. Water users will have at least one year from the date of receipt to complete their forms. Be sure to check our website and the Court’s website for the latest information.
We’ve been hearing a lot of questions about how we determined who should be involved in adjudication, so this month’s newsletter will focus on that topic.
Creating the Service List
Ecology has compiled a list of names for the WRIA 1 adjudication as required by law. In an adjudication, we must identify certain potential water users required to self-report their water use to the Court. These may be individuals, groups, or businesses – any property owner who claims the right to use water from wells, rivers, or lakes and will likely need to participate in the adjudication. Ecology used an earlier version of this name list to send out postcards in April.
If you received a postcard or see your name on the list for the WRIA 1 water rights adjudication, this is not because you did something wrong. This is not like a civil or criminal case where a court determines who is at fault. Service in adjudication means that you own property that is within the place of use of a water right document, or outside certain service areas. This means the law requires us to send you notice.
The process to accurately identify and include people on the name list is explained in the Declaration in Support of the Statement of Facts. The process included the following steps:
1. Identifying the adjudication area
2. Identifying parcels included in the adjudication and creating a list of names
3. Identifying parcel owners using county tax records
4. Compiling all names in a single list
Identifying the adjudication area
At the beginning of an adjudication, Ecology needs to identify the adjudication area. Ecology has designated the entirety of Water Resources Inventory Area (WRIA) 1 for the adjudication. Even though not all areas of WRIA 1 are connected to the Nooksack River system, this area makes up the lands identified by Lummi Nation and Nooksack Tribe as subject to their water claims. Resolving all tribal water claims is crucial to fair and secure water management for future generations. Adjudicating the entire WRIA will also prioritize local users within their own areas. For these reasons, we created a detailed map showing the geographical boundaries of WRIA 1 and the parcels within it.
Identifying parcels included in the adjudication and creating a list of names
Ecology is following a legal requirement to identify “all known persons claiming a right to water” in the adjudication area. To do this, we reviewed Ecology's Water Rights Tracking System (WRTS) to find all water right documents in WRIA 1. Because water right documents change ownership over time, we referred to the mapped “place of use” for each document to identify parcels that might claim a right to water under a water right document.
We are also following a legal requirement to identify owners of “all property situated within the area to be adjudicated but outside the boundaries of a city, town or special purpose district.” We identified special purpose districts on file with the Washington State Department of Health. This does not include all water service systems – many private systems cannot be excluded from the name list. This does not mean these properties need to report their individual use; they just need to be served. This generated an additional list of parcels included in the adjudication.
After we identified the parcels, we reviewed current property ownership records from Whatcom and Skagit counties. We obtained additional contact information from the Department of Health to identify managers of group A and B water systems. We used this information to create the service name list.
Refining the list
Ecology continues to improve the accuracy of the list through ongoing public engagement. We have been conducting public meetings and sending out mailers to reach property owners, as well as responding to phone calls and emails to gather additional information and verify existing data. This includes updating new primary contacts for group water systems and taking note of changes in property ownership. We filed updated information on August 29 to add and remove some names from the list, and will continue to do so as we get more information.
Sending the summons
Adjudication summons will be sent via certified mail to the following groups:
- Rural property owners (outside city service areas) should receive a summons.
- Customers of private service systems might receive a summons because their system is not legally defined as a “special purpose district.”
- Customers of city or group water systems may receive a summons because their property is also within the place of use of a water right document.
If you receive a summons and do not use water directly from your own pump or well, you do not need to file a claim and may disregard the summons. If you need to file a claim but do not receive a summons, you may contact Ecology for assistance.
A few questions answered
We receive many inquiries about whether someone will be named in the adjudication and if they will have to fill out a court claim form describing their water use. Here are a few questions plus our responses.
Question: My home is connected to city water. There’s a well on my property but I don’t use it. Do I need to fill out a court claim form?
Response: You don't need to participate in the adjudication if you only use water that you receive as a customer of a city or other service. However, if you’ve used the well in the past and want to claim a right to future use of water, you will need to submit a court claim form for the court’s review and consideration to secure a historic priority date for the well.
Question: I’m connected to city water and have a well on my property. I use city water for inside my home and use the well to water my garden. Do I need to fill out a court claim form?
Response: Yes, you need to participate in the adjudication. You will use the court claim form to describe the water you use from your well. You do not have to provide information about your use of city water.
Question: I will be putting my single-family home with a well up for sale. Who should fill out the court claim form - me or the new owner?
Response: We use county tax records to identify parcel owners so your name will be on Ecology's list until a sale is recorded with the county and transferred to Ecology's records. If you move and your mail is automatically forwarded, the certified mail should reach you at your new address. You can then complete the court claim form or provide it to your buyer once the house has been sold. Information about property transactions during the WRIA 1 adjudication can be found on our website.
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Event: Water Adjudication Overview & Resources for Residential Well Users
Whatcom County Public Works and Aspect Consulting will present an overview of Washington water rights law and resources to help residential well users prepare for the adjudication. This event will be held on Monday, Sept. 23, 5:30-7:30 PM at the Ferndale Pioneer Pavilion, 2007 Cherry St, Ferndale, WA. See event flyer for more details. RSVP is encouraged. |
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 360-407-6872.
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 360-407-6872.
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 360-407-6872.
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 360-407-6872.
Past newsletters
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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